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288 SCRA 76
FACTS:
Petitioner Manuel C. Sunga was one of the candidates for the position of Mayor in the
Municipality of Iguig, Province of Cagayan, in the 8 May 1995 elections.
Private respondent Ferdinand B. Trinidad, then incumbent mayor, was a candidate for reelection
in the same municipality.
Sunga filed with the COMELEC a complaint accusing respondent of utilizing government
properties in his campaign and praying for the latter's immediate DISQUALIFICATION.
Another letter reiterated petitioner's prayer while alleging that respondent and his men
committed acts of terrorism and violated the gun ban.
An Amended Petition was filed with the Clerk of Court of the Commission containing
substantially the same allegations as the previous letters but supported by affidavits and other
documentary evidence.
Trinidad garnered the highest number of votes, while Sunga trailed second.
Sunga moved for the suspension of the proclamation of Trinidad.
Trinidad was proclaimed the elected mayor, prompting Sunga to file another motion to suspend
the effects of the proclamation.
Both motions were not acted upon by the COMELEC 2nd Division and thereafter dismissed the
case.
ISSUE/S:
Whether or not COMELEC committed grave abuse of discretion for dismissing the
disqualification case;
Whether or not Sunga should be proclaimed as the Mayor.
HELD:
YES, COMELEC committed grave abuse of discretion for dismissing the disqualification case.
The Amended Petition retroacted to such earlier dates of the letter of complaint, an amendment
which merely supplements and amplifies facts originally alleged in the complaint relates back to
the date of the commencement of the action and is not barred by the statute of limitations which
expired after the service of the original complaint.
Before final judgment If for any reason a candidate is not declared by final judgment before an
election to be disqualified and he is voted for and receives the winning number of votes in such
election the Court or Commission shall continue with the trial and hearing of the action, inquiry
or protest and, upon motion of the complainant or any intervenor, may, during the pendency
thereof, order the suspension of the proclamation of such candidate whenever the evidence of
guilt is strong. (Sec. 6, RA 6646)