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Benito vs. COMELEC

ZAIPAL D. BENITO, PETITIONER, VS. COMMISSION ON ELECTIONS, IBRAHIM PAGAYAWAN, AND THE MUNICIPAL BOARD OF CANVASSERS OF CALANOGAS, LANAO DEL SUR, RESPONDENTS.

G.R. No. 134913 | 2001-01-19

D E C I S I O N
 
DE LEON, JR., J.:
 
Before us is a petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, seeking the reversal of an en banc Resolution[1] dated August 10, 1998 by the public respondent Commission on Elections (COMELEC, for brevity) which dismissed SPA No. 98-333, a petition to declare a failure of elections and to call for a special elections in several precincts in the Municipality of Calanogas, Lanao del Sur.

The facts are:
 
Petitioner ZAIPAL D. BENITO and private respondent IBRAHIM PAGAYAWAN were two (2) of eight (8) candidates vying for the position of municipal...