Comelec junks over 1K overspending cases filed during 2010, 2013 polls

The Commission on Elections (Comelec) has dismissed 1,024 overspending cases that were filed relative to the 2010 and 2013 National and Local Elections (NLE).

The petitions that were dismissed include 437 overspending cases during the 2010 NLE, 489 overspending cases during the 2013 NLE which are still pending preliminary investigation and resolution.

Also junked were 51 overspending cases in the 2010 NLE and 47 cases in the 2013 NLE which still have pending Motions for Reconsideration.

In an executive session last September 28,2022, the Comelec Law Department recommended the "omnibus dismissal" of overspending cases relative to the 2010 and 2013 NLE following the Supreme Court decision on the case of Joseph Roble Peñas v. Commission on Elections, which dismissed the formal complaint for election overspending against the petitioner.

In the said SC decision, the Law Department said that the high court had found the poll body "guilty of inordinate delay" in resolving the election offense case against Peñas.

"It was emphasized that it took Comelec a total of six years from the filing of the formal complaint to recommend the filing of Information against Peñas, and thus, failing to abide by the period for resolving cases prescribed in its own rules," the Law Department said in its recommendation as stated in the minutes of the Executive Session last September 28,2022 which was shared to the media on Wednesday.

The Law Department cited a portion of the SC decision which stated that the Comelec "failed to discharge its burden to justify the length of time it took for it to conclude the preliminary investigation in this case."

The SC also mentioned that there was no showing that the Comelec followed its prescribed procedure to the letter in order to obviate any delay in the proceedings nor was it established that the issues were too complex and the evidence required voluminous, making delay inevitable.

Indubitably, therefore, inordinate delay attended the Comelec's conduct of preliminary investigation of petitioner's case, the portion of the SC read.

The Law Department said that the factual context of the SC Decision is akin to several cases pending preliminary investigation in the department involving 2010 and 2013 NLE for overspending.

"Notably, these cases were initiated by complaints filed as early as 2014, and still pending resolution up to date. In addition, Motions filed seeking reconsideration of the en banc's decision relative to these cases are likewise pending resolution," the Law Department said.

"This makes the duration of the conduct of the preliminary investigation about eight years which is longer than the seven-year period reckoned in the [SC] Decision," it added.

"Pursuant to the principle of stare decisis, this Department respectfully submits that the following four hundred thirty-seven (437) overspending cases involving the 2010 NLE, and four hundred eighty-nine (489) overspending cases involving the 2013 NE which are still pending preliminary investigation and resolution be dismissed adopting the pronouncements of the Supreme Court in Peñas v. COMELEC," the Law Department stated.

The decision to summarily dismiss these cases was first announced by Comelec chairperson George Garcia in a press conference Tuesday.

The Comelec chief made the remark while he committed to expedite the resolution of election cases and "unclog the dockets before the 2025 elections." — RSJ, GMA Integrated News