Section 6, Rule 25 of the COMELEC Resolution No. 9523, which governs Section 68 petitions for disqualification, enunciates the rule succinctly, to wit: Section 6. Effect of Granting of Petition.– In the event a Petition to disqualify a candidate is granted by final judgment as defined under Section 8 of Rule 23 and the disqualified candidate obtains the highest number of votes, the candidate with the second highest number of votes cannot be proclaimed and the rule of succession, if allowed by law, shall be observed. In the event the rule of succession is not allowed, a vacancy shall exist for such position.34

The petition for disqualification against Ejercito for campaign over-spending before the Commission isheard and resolved pursuant to the electoral aspect of Section 68 of the OEC. It is an administrative proceeding separate and distinct from the criminal proceeding through which Ejercito may be made to undergo in order to determine whether he can be held criminally liable for the same act of over-spending. It is through this administrative proceeding that this Commission, initially through its divisions, makes a factual determination on the veracity of the parties’ respective allegations in a disqualification case. There is no need for a preliminary investigation finding on the criminal aspect of the offenses in Section 68 before the Commission can act on the administrative or electoral aspect of the offense. All that is needed is a complaint or a petition. As enunciated in Lanot, "(a)n erring candidate may be disqualified even without prior determination of probable cause in a preliminary investigation. The electoral aspect may proceed independently of the criminal aspect, and vice-versa."

EN BANC

G.R. No. 212398               November 25, 2014
EMILIO RAMON "E.R." P. EJERCITO, Petitioner,
vs.
HON. COMMISSION ON ELECTIONS and EDGAR "EGA Y" S. SAN LUIS, Respondents.