People v Delgado

G.R. No. 79672

189 SCRA 715

Facts:

On January 14, 1988 the COMELEC received a report-complaint from the Election Registrar of Toledo City against private respondents for alleged violation of the Omnibus Election Code. The COMELEC directed the Provincial Election Supervisor of Cebu to conduct the preliminary investigation of the case who eventually recommended the filing of information against each of the private respondents for violation of the Omnibus Election Code. The COMELEC en banc resolved to file the information against the private respondents as recommended. 

Private respondents filed motions for reconsiderations and the suspension of the warrant of arrest with the respondent court on the ground that no preliminary investigation was conducted. Later, an order was issued by respondent court directing the COMELEC through the Regional Election Director of Region VII to conduct a reinvestigation of said cases. The COMELEC Prosecutor filed a motion for reconsideration and opposition to the motion for reinvestigation alleging therein that it is only the Supreme Court that may review the decisions, orders, rulings and resolutions of the COMELEC. This was denied by the court. 

Issue:

Whether or not the Regional Trial Court (RTC) has the authority to review the actions of the Commission on Elections (COMELEC) in the investigation and prosecution of election offenses filed in said court. 

Held:

Based on the Constitution and the Omnibus Election Code, it is clear that aside from the adjudicatory or quasi-judicial power of the COMELEC to decide election contests and administrative questions, it is also vested the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and the prosecution of election offenses punishable under the Code before the competent court. Thus, when the COMELEC, through its duly authorized law officer, conducts the preliminary investigation of an election offense and upon a prima facie finding of a probable cause, files the information in the proper court, said court thereby acquires jurisdiction over the case. Consequently, all the subsequent disposition of said case must be subject to the approval of the court. The COMELEC cannot conduct a reinvestigation of the case without the authority of the court or unless so ordered by the court.