G.R. Nos. 140850-51 - EUGENIO "JING-JING" FAELNAR, VS. PEOPLE OF THE PHILIPPINES, HON. RAMON CODILLA, IN HIS CAPACITY AS PRESIDING JUDGE OF THE RTC, BRANCH 19, CEBU CITY, AND COMMISSION ON ELECTIONS.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, petitioner and Gillamac were formally charged in the Regional Trial Court, Cebu City under two Informations in Criminal Cases Nos. CBU-49941 and CBU-49942. Petitioner moved to quash the information or, in the alternative, for reinvestigation of the case, contending that Resolution No. 97-3040, which dismissed the complaint against him, was immediately executory and could no longer be reconsidered. Petitioners motion was denied by the trial court in an order dated July 29, 1999. He moved for reconsideration, but his motion was likewise denied by the court in its order, dated October 4, 1999. Hence this petition. Petitioner reiterates his argument in the trial court that COMELEC Resolution No. 97-3040, which dismissed the complaint against him, can no longer be reconsidered by the COMELEC. He contends that under the Rules of Procedure of the COMELEC, the dismissal of the complaint was immediately final and executory. Additionally, he avers that Antonio Luys Motion for Reconsideration of Resolution No. 97-3040 is a prohibited pleading under the Commissions Rules of Procedure. He avers that since the resolution in question was immediately final and executory, it was no longer within the power of the COMELEC to reconsider. Consequently, Resolution No. 98-2914, in directing the filing of charges in court, was "ultra-vires," and the Informations filed against him should have been quashed. [6] The petition is without merit. First. While the instant petition challenges the trial courts orders denying petitioners motion to quash the complaints in Criminal Cases Nos. CBU-49941 and 49942, the grounds relied upon by petitioner are directed at the validity of Resolution No. 98-2914 of the COMELEC. Thus, petitioner prays that said resolution be declared null and void. [7] This petition is nothing but an attempt to circumvent a final resolution of the COMELEC. Resolution No. 98-2914 was promulgated by the COMELEC en banc on October 29, 1998. Petitioners remedy was to seek its annulment by way of a special civil action of certiorari under Rule 65 of the Rules of Court. Rule 64, §2 provides: SEC. 2. Mode of Review. -- A judgment or final order or resolution of the Commission on Elections and the Commission on Audit may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65, except as hereinafter provided. Sec. 3 of said Rule provides that such petition shall be filed within 30 days from notice of the resolution sought to be reviewed. No such petition was ever filed. The present petition to set aside the orders of the trial court denying its motion to quash and motion for reconsideration was filed only on November 12, 1999, more than a year after Resolution No. 98-2194 was promulgated on October 29, 1998. Consequently, the resolution is now final and binding upon the parties. Even if said resolution is erroneous for being contrary to the provisions of the Rules of Procedure of the COMELEC, the same is not void. Since i