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Sario Malinias vs COMELEC, Teofilo Corpuz, Tangilag & Dominguez

SARIO MALINIAS, petitioner, vs. THE COMMISSION ON ELECTIONS, TEOFILO CORPUZ, ANACLETO TANGILAG and VICTOR DOMINGUEZ, respondents.

G.R. No. 146943 | 2002-10-04

D E C I S I O N

CARPIO, J.:

The Case

Before us is a petition for review on certiorari[1] of the Resolutions of the Commission on Elections ("COMELEC" for brevity) en banc[2] dated June 10, 1999 and October 26, 2000. The assailed Resolutions dismissed the complaint[3] filed by petitioner Sario Malinias ("Malinias" for brevity) and Roy S. Pilando ("Pilando" for brevity) for insufficiency of evidence to establish probable cause for violation of Section 25 of Republic Act No. 6646[4] and Sections 232 and 261 (i) of Batas Pambansa Blg. 881.[5]

The Facts

Petitioner Malinias was a candidate for governor whereas Pilando was a candidate for...