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Fernando Baltazar vs COMELEC, Hon. Isagani Palad, et al

FERNANDO T. BALTAZAR, petitioner, vs. COMMISSION ON ELECTIONS, HON. ISAGANI PALAD, Presiding Judge, Branch 53, RTC, Guagua, Pampanga, and CATALINA BAGASINA, respondents.

G.R. No. 140158 | 2001-01-29

D E C I S I O N

YNARES-SANTIAGO, J.:

In this petition for certiorari, petitioner seeks the reversal of the Resolution of the Commission on Elections (COMELEC) En Banc dated September 14, 1999 in SPR No. 46-98 claiming that it "is arbitrary, whimsical, capricious and constitutes an oppressive exercise of legal authority."[1]

The pertinent facts are simple.

Petitioner Fernando Baltazar and private respondent Catalina Bagasina were both candidates for the position of municipal mayor of Sasmuan, Pampanga during the May 11, 1998 local elections. After the canvassing of votes, the Municipal Board of Canvassers declared petitioner as the duly...