Doruelo vs COMELEC

FACTS: Assailed in this Petition for Review on Certiorari and Prohibition with prayer for the issuance of a writ of preliminary prohibitory injunction is the Minute Resolution dated June 14, 1984 issued by respondent Commission on Elections [COMELEC] in Pre-Proclamation Case No. 66-84, entitled "Doruelo v. Baga, et al."[1]

Petitioner Esteban Doruelo and private respondent Tomas Baga, Jr., were two of the ten candidates in the May 14, 1984 elections who vied for the two seats allocated to the Province of North Cotabato in the Batasan Pambansa. On May 20, 1984, after all the election returns had been canvassed, but before the canvass was officially terminated, petitioner Doruelo filed with the Provincial Board of Canvassers, two petitions for: [1] the suspension of the proclamation of the winning candidates, designated as Pre-Proclamation Case No. 1; and [2] the nullification of the election returns in the Municipality of Kabacan, designated as Pre-Proclamation Case No. 2. Upon petition of some of the candidates, a recheck of the canvass was conducted by the Provincial Board of Canvassers. On the same day, petitioner filed with the Provincial Board of Canvassers a third petition for the annulment of the canvassed election returns in the whole Province of North Cotabato.On May 23, 1984, an Urgent Omnibus Petition to [a] hold special elections in certain voting centers or barangays in North Cotabato due to failure of elections, the results of winch will allegedly alter the voting returns/votes affecting KBL candidates Carlos B. Cajelo, Tomas Baga, Jr. and NP candidate Esteban D. Doruelo; [b] annul or set aside from the canvass results certain election returns therein specified, as further basis for such special elections; and [c] suspend the proclamation of leading candidates KBL Carlos Cajelo and Tomas Baga, Jr. pending such special elections, and for a restraining order against the provincial board of canvassers from so proclaiming. This Urgent Omnibus Petition was filed as an appeal from the Board's ruling in Pre-Proclamation Case No. 1. Provincial Board of Canvassers or before this Commission [FIRST DIVISION], without prejudice to an extended opinion, hereby resolved to dismiss Pre-Proclamation Controversy in PPC No. 66-84 and proclaims Tomas Baga, Jr. as the second Assemblyman-elect for North Cotabato in the May 14, 1984 election on the basis of the certified results of the canvass made by the Provincial Board of Canvassers. [Comm. Ramon Felipe, Jr., Concepcion, without prejudice to petitioner's right to file an election protest within ten (10) days from the proclamation].

ISSUE: WON the respondent COMELEC disregarded due process as alleged by the petitioner.

HELD: The essential requirements of due process as applied to administrative proceedings were first laid down in the 1940 case of Ang Tibay v. Court of Industrial Relations.[8] Analyzing an array of American decisions, Justice Laurel, in said case, set forth what is now known as the "cardinal primary" requirements of due process in administrative proceedings, to wit: [1] the right to a hearing which includes the right to present one's case and submit evidence in support thereof; [2] the tribunal must consider the evidence presented, [3] the decision must have something to support itself; [4] the evidence must be substantial- and substantial evidence means such evidence as a reasonable mind might accept as adequate to support a conclusion; [5] the decision must be based on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; [6] the tribunal or body or any of its judges must act on its or his own independent consideration of the law and the facts of the controversy, and not simply accept the views of a subordinate; [7] the board or body should, in all controversial questions, render its decisions in such manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered.In the issuance of the Minute Resolution under consideration, the respondent Comelec had duly observed these requisites. WHEREFORE, the petition is hereby dismissed.