Guevara v Comelec

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  • 8/11/2019 Guevara v Comelec

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    G.R. No. L-12596 July 31, 1958

    JOSE L. GUEVARA vs. COMELEC

    FACTS: Guevara was ordered by the COMELEC to show cause why he should not bepunished for contempt for having published in the newspaper an article whichtended to interfere with and influence the COMELEC awarding the contracts forthe manufacture and supply of ballot boxes; and which article likewise tended todegrade, bring into disrepute, and undermine the exclusive constitutional functionof this Commission and its Chairman.Petitioner, filed a motion to quash on the following ground that the Commissionhas no jurisdiction to punish as contempt the publication of the allegedcontemptuous article, as neither in the Constitution nor in statutes is theCommission granted a power to so punish the same.

    ISSUE: Whether or not the COMELEC has the power and jurisdiction to conductcontempt proceedings against Guevara in connection with the publication of anarticle.

    HELD: Although the negotiation conducted by the Commission has resulted incontroversy between several dealers that however merely refers to a ministerialduty, which the Commission has performed in its administrative capacity. It onlydischarged a ministerial duty; it did not exercise any judicial function. Such beingthe case, it could not exercise the power to punish for contempt as postulated inthe law, for such power is inherently judicial in nature. As this Court has aptlysaid: "The power to punish for contempt is inherent in all courts; its existence isessential to the preservation of order in judicial proceedings, and to theenforcement of judgments, orders and mandates of courts, and, consequently, inthe administration of justice". We are therefore persuaded to conclude that theCommission on Elections has no power nor authority to submit petitioner tocontempt proceedings if its purpose is to discipline him because of thepublication of the article mentioned in the charge under consideration.