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Gerry B. Garay vs COMELEC, et al.

GERRY B. GARAY, petitioner, vs. COMMISSION ON ELECTIONS, and JAIME GATA, JR., respondents.

G.R. No. 121331 | 1996-08-28

PANGANIBAN, J.:


Did the Commission on Elections commit grave abuse of discretion in setting aside the results of a special election it called due to a failure of elections and in declaring the winner on the basis of a tally board and a certificate of votes in the previous regular elections?

This is the main issue brought to this Court in this petition for certiorari to nullify the Resolution 1 of the respondent Commission on Election En Banc 2 in SPC No. 95-180 promulgated on August 7, 1996.

The Facts

After the results of the May 8, 1995 elections were canvassed in 73 precincts in the Municipality of Matnog, Province of Sorsogon,...