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COMELEC vs. Lorenzo R. Silva, et al.

COMMISSION ON ELECTIONS, petitioner, vs. HON. LORENZO R. SILVA, JR., as Presiding Judge, RTC, Branches 2 and 3, Balanga, Bataan, HON. BENJAMIN T. VIANZON, as Presiding Judge, Branch 1, of the same Court, ERASTO TANCIONGCO, and NORMA CASTILLO, respondents.

G.R. No. 129417 | 1998-02-10

D E C I S I O N

MENDOZA, J:

This case presents for determination the extent of control which those designated by the Commission on Elections have in the prosecution of election offenses. The facts are not in dispute. Pursuant to its power under Art. IX-C, §2(6) of the Constitution, the COMELEC charged private respondents Erasto Tanciongco and Norma Castillo with violations of §27 of R.A. No. 6646, together with Zenon Uy, in twelve separate informations filed with the Regional Trial Court of Bataan. Tanciongco, who is provincial prosecutor of Bataan, was vice chairman, while Castillo, who is division superintendent of...