G.R. No. 140884 - GELACIO P. GEMENTIZA, VS. COMMISSION ON ELECTIONS (SECOND DIVISION) AND VICTORIO R. SUAYBAGUIO, JR..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE in view of the foregoing premises, it is respectfully prayed that an order issue from this Commission, Second Division, directing the protestant to show cause why his Protest should not be dismissed, or ordering the immediate and outright dismissal of the Protest filed by the Protestant pursuant to the Comelec Rules of Procedure. xxx xxx xxx" [25] (underscoring ours) To accentuate his desire not to present anymore his evidence, the petitioner asserted once again in his rejoinder to private respondent's opposition that "there is no more reason for him to submit his evidence because the protestant has not presented evidence worth rebutting." [26] What could be a clearer proof of petitioner's waiver of his right to present evidence in the election protest case than his very own categorical and steadfast declarations in his pleadings? We, therefore, cannot permit him, after his demurrer was denied, to make a complete turn around by now asking the public respondent to allow him to present his evidence. In this regard, we quote with approval public respondent's assailed ruling of November 29, 1999: "It is not candid of the protestee to cry that he has been denied of due process and pray in his motion for reconsideration that he be allowed to present evidence on the Election Protest Proper after he had averred with full emphasis that `there is no more reason for him to submit his evidence because the protestant has not presented evidence worth rebutting,' and led the Commission to issue an Order which he now assails. "A favorable grant on the protestee's motion for reconsideration would open the door for continuation of the trial and introduction of evidence by the protestee, thus causing the proceedings to continue during the term of the office in question (which is about only 18 months left) and thereby delay the final decision in the election protest to the benefit of the occupant of the office, as pointed out in Demetrio and reiterated in subsequent cases above cited. "Furthermore, if the Commission succumbs to the protestee's theory that it is premature for the Commission to resolve this case on the main issue of who won during the subject election and that the proceedings in this case should continue for the presentation of his evidence after waiving his right to present the same through a demurrer, the Commission would cause undue delay in the resolution of the two other cases pending before the Senate Electoral Tribunal (SET), which had communicated to the Commission in its Order of April 23, 1999 as follows: `The Commission on Elections (Second Division) is requested to conduct the revision and appreciation proceedings in EPC No. 98-58 (Suaybaguio, Jr., vs. Gementiza) in the most expeditious manner possible in order that the subject ballot boxes and other election documents can be turned over to the Tribunal in due time. No revision of ballots shall be conducted without prior notice being given directly to all parties in SET Case No.