RODANTE MARCOLETA, SERGIO MANZANA, RENATO CABLING AND MIGUELITO BAJAS, VS. COMMISSION ON ELECTIONS AND DIOGENES OSABEL.

Ruling

WHEREFORE , in view of the foregoing, the Commission (First Division) GRANTS the Petition in SPA No. 07-020 finding it imbued with merit. The Certificate of Nomination filed by ALAGAD represented by ALBERTO M. MALVAR on January 15, 2007 and subject of SPA No. 07-020 is hereby SET ASIDE . The Manifestation of Intent to Participate in the Party-List System of Representation submitted by ALAGAD represented by its legitimate president DIOGENES S. OSABEL on January 25, 2007, and subject of SPP No. 07-023 is hereby ADMITTED . The Manifestation of Intent to Participate in the Party-List System of Representation submitted by ALAGAD represented by ALBERTO M. MALVAR on January 15, 2007 and subject of SPP No. 07-003 is DENIED DUE COURSE . (Emphasis in the original) The controversy was then elevated by the Marcoleta group to the Comelec En Banc which, by Resolution [4] of November 6, 2007, reversed the First Division's Omnibus Resolution and reinstated the certificates of nomination of the Marcoleta group. In the voting, however, there were only two (2) commissioners who concurred in the Resolution while three (3) commissioners dissented . [5] For thus failing to muster the required majority voting, the Comelec En Banc ordered a rehearing of the controversy on November 20, 2007. [6] From the records, [7] it appears that what was taken up during the scheduled November 20, 2007 hearing was the issue of "whether the [Comelec] could hear these cases on the rehearing aspect." [8] The First Division's Omnibus Resolution in favor of Osabel was eventually affirmed by the Comelec En Banc by Resolution of February 5, 2008 , viz : [9] During said rehearing, both parties agreed to file their simultaneous memoranda and thereafter to submit these cases for resolution. The Commission received their respective memoranda on December 3, 2007. (Emphasis and underscoring supplied) x x x x. It appearing that the votes of the members of the Commission are still the same, or the necessary majority cannot be had, pursuant to Sec. 6, Rule 18, Comelec Rules of Procedure which reads: x x x x. the Resolution of the First Division is hereby AFFIRMED . [10] (Emphasis in the original; underscoring supplied) On February 12, 2008, Marcoleta filed an ex parte motion to rectify [11] the Comelec En Banc February 5, 2008 Resolution, contending that it inadvertently therein mentioned that there was a rehearing undertaken on November 20, 2007 when in fact there was none as the matter taken up on said date actually delved on the propriety of a rehearing; and that no memorandum from either of the parties was submitted on December 3, 2007. By Order of February 12, 2008, [12] Commissioner Romeo Brawner, acting in his capacity as acting chairman of the Comelec, suspended until further orders the implementation of the Comelec First Division February 5, 2008 Omnibus Resolution. Subsequently, by Order of February 26, 2008, [13] the Comelec En Banc acknowledged that no rehearing had yet been undertaken an