Jamaine Punzalan

The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News

Article (news)

Harlene Delgado

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px;display:block" width="960"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/176604406672320220824-supreme-court-facade-GC-9.jpg" style="width:960px" class="fr-fic fr-dib" width="960"/><span class="fr-inner" style="text-align:left">The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News</span></span></span></div><p>MANILA — The Supreme Court said Thursday it dismissed an election overspending case against a former Bohol mayoral candidate filed by the Commission on Elections, citing “unreasonable delay” in the poll body’s investigation.</p><p>In a decision penned by Associate Justice Ricardo Rosario, the SC en banc nullified the Comelec’s resolution finding probable cause to charge Petronilo Solomon Sarigumba for violating the Omnibus Election Code, noting that the latter’s right to speedy disposition of his case was violated.</p><p> “Ultimately, the Court finds that the Comelec committed inordinate delay in conducting the preliminary investigation against petitioner. Thus, the Court finds the issuance of the Comelec En Banc Minute Resolution dated July 28, 2021 is tainted with grave abuse of discretion,” the decision read. </p><p>The Comelec Campaign Finance Unit in December 2014 filed an overspending complaint against Sarigumba, who lost the mayoral race in Loboc, Bohol in the May 2010 elections, based on his submitted Statement of Election Contributions and Expenditures (SOCE).</p><p>A preliminary investigation on the case was set on April 14, 2015 but Sarigumba sought several postponements due to illness, according to a Supreme Court press release.  </p><p>Sarigumba was later directed by the Comelec’s Law Department to file his counter-affidavit on July 11, 2015, which he failed to submit.</p><p>Six years later, on July 28, 2021, the Comelec en banc adopted the Law Department’s recommendation in a resolution, finding probable cause to charge Sarigumba with election overspending before the Regional Trial Court which Sarigumba challenged before the SC.</p><div><br/></div><div><strong>WHAT SC SAYS</strong></div><div><br/></div><p>The SC noted that the Comelec argued that although its Rules of Procedure set a 20-day limit for the preliminary investigation, the period began only upon the respondent&#x27;s submission of the counter-affidavit.</p><p>“It further claimed that Sarigumba had waived his right to the speedy disposition of his case by failing to participate in the proceedings and raising the issue only years later,” the SC stated in a press release. </p><p>However, the SC disagreed, citing Article III, Section 16 of the 1987 Constitution which states that all persons are guaranteed the right to the speedy disposition of cases before judicial, quasi-judicial, and administrative bodies. </p><p>“When this right is violated, the SC will not hesitate to dismiss the case,” it said. </p><p>The SC noted that under the Comelec Rules of Procedure, a preliminary investigation should be completed within 20 days after receiving the respondent’s counter-affidavit or after the deadline to file one has passed, and a resolution should be made within five days following that.</p><p>“The SC noted that more than six years had passed since Sarigumba was required to submit his counter-affidavit, yet the Comelec failed to finish and resolve the preliminary investigation within the time limits set by its own rules,” it said. </p><p>The final arbiter maintained that Sarigumba’s failure to file a counter-affidavit did not excuse the Comelec’s prolonged inaction and that any delay after the filing period had lapsed was attributable to the Comelec.</p><p>“The SC observed that the Comelec offered no justification for the delay. The case did not involve complex issues, as the finding of probable cause was based solely on Sarigumba’s SOCE,” it said. </p><p>The SC also pointed out that Sarigumba could not be faulted for invoking his right to the speedy disposition of his case only after receiving the Comelec Resolution years later. </p><div><br/></div><div><strong>RELATED STORIES:</strong></div><div><a href="https://www.abs-cbn.com/news/nation/2025/6/23/comelec-to-seek-sc-reconsideration-on-ruling-to-scrap-second-placer-rule-1518">Comelec to seek Supreme Court &#x27;reconsideration&#x27; on ruling to scrap ‘second placer’ rule</a><br/><a href="https://www.abs-cbn.com/news/nation/2025/9/17/supreme-court-upholds-comelec-s-recognition-of-cusi-duterte-faction-as-leaders-of-pdp-laban-1150">Supreme Court upholds Comelec’s recognition of Cusi-Duterte faction as leaders of PDP-Laban</a><br/><strong></strong><br/></div>

<p>The Supreme Court said Thursday it dismissed an election overspending case against a former Bohol mayoral candidate filed by the Commission on Elections, citing “unreasonable delay” in the poll body’s investigation.</p>

The Supreme Court said Thursday it dismissed an election overspending case against a former Bohol mayoral candidate filed by the Commission on Elections, citing “unreasonable delay” in the poll body’s investigation.

SC dismisses election overspending case vs Bohol mayoral bet over Comelec probe delay

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SC dismisses election overspending case vs Bohol mayoral bet over Comelec probe delay

Harlene Delgado

Published Dec 18, 2025 03:51 PM PHT

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election overspending

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