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Beso v. Aballe

VITO BESO, PETITIONER, VS. RITA ABALLE AND HON. ROBERTO A. NAVIDAD, ACTING PRESIDING JUDGE, BRANCH 31, REGIONAL TRIAL COURT OF CALBAYOG CITY, RESPONDENTS.

G.R. No. 134932 | 2000-02-18

D E C I S I O N
 
DAVIDE JR., C.J.:
 
On 15 December 1999 we resolved to give due course to this petition for certiorari and to decide it on the basis of the pleadings filed by the parties.

The antecedents are not disputed.

Petitioner Vito Beso (hereafter BESO) and private respondent Rita Aballe (hereafter ABALLE) were candidates for the position of Barangay Captain of Barangay Carayman, Calbayog City, in the barangay elections of 12 May 1997.

In the canvass of the returns of the four precincts of Barangay Carayman, BESO was credited with four hundred ninety-five (495) votes, while ABALLE obtained four hundred ninety-six (496)...