G.R. No. 263828 - AVELINO C. AMANGYEN, VS. THE COMMISSION ON ELECTIONS AND FRANKLIN W. TALAWEC.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, there is no such combination of grounds that warrants the summary dismissal of the Petition. [22] Further, the COMELEC En Banc agreed that even if a technical infirmity exists, it may still resolve a case on the merits pursuant to its power to suspend and relax its rules of procedure in the interest of justice. [23] On the merits, the COMELEC En Banc did not deviate from the findings of the COMELEC Second Division that Amangyen's conviction was already final and executory, brushing aside the argument that Cailin's motion for intervention before this Court was a pending incident which put on hold the finality of Amangyen's conviction. [24] As Amangyen was already convicted with finality for violating Presidential Decree No. 705 and meted the penalty of reclusion temporal , Articles 41 and 30 of the RPC provide that the felon must suffer the accessory penalty of perpetual absolute disqualification, which concomitantly deprives such felon of the right to hold public office. [25] The Petition In the present Petition, filed on November 2, 2022, Amangyen ascribes grave abuse of discretion against the COMELEC En Banc mainly on the ground that the judgment of conviction against him is not yet final and executory. He contends that the pendency of the Petition for Correction/Determination of Proper Imposable Penalty , [26] dated April 21, 2022, and filed before the RTC Bontoc precluded the finality of his conviction. Meanwhile, in an Order [27] dated, November 10, 2022, the COMELEC En Banc ordered the issuance of a Writ of Execution to implement the COMELEC Resolutions, dated April 19, 2022 and October 7, 2022. In the same Order, the COMELEC created a Special Municipal Board of Canvassers, which was directed to annul the proclamation of Amangyen as Municipal Mayor of Paracelis and proclaim the candidate who obtained the second highest number of votes as the duly elected Municipal Mayor of Paracelis. On November 17, 2022, Paracelis Municipal Vice-Mayor and, at that time, Acting Mayor Djarma B. Rafael ( Rafael ), filed a Motion for Leave of Court to Intervene and to Admit the Herein Incorporated Petition-in-­Intervention, [28] seeking to annul and set aside the COMELEC Resolutions, dated April 19, 2022 and October 7, 2022. On December 6, 2022, the Court required respondents COMELEC and Talawec to comment on the Petition. [29] On January 17, 2023, Marcos G. Ayangwa ( Ayangwa ), the candidate for Municipal Mayor of Paracelis who obtained the second highest number of votes, filed a Respectful Motion for Leave of Court to Intervene, [30] praying for the denial of the present Petition and Petition-for-Intervention. On January 24, 2023, the Court required Amangyen and Talawec to comment on Ayangwa's motion within a non-extendible period of 10 days from notice. [31] On January 31, 2023, the Court granted the COMELEC's motion for extension of time to file comment on the present Petition. [32] On even date, Amangyen's then counsel of record, Balisong and