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Sally Lee vs COMELEC and Leovic Dioneda

SALLY A. LEE, petitioner, vs. COMMISSION ON ELECTIONS and LEOVIC R. DIONEDA, respondents.

G.R. No. 157004 | 2003-07-04

D E C I S I O N

CARPIO-MORALES, J.:

Before this Court is a petition for certiorari with prayer for a temporary restraining order/ writ of preliminary injunction under Rule 64 of the 1997 Rules of Civil Procedure seeking to set aside the February 11, 2003 En Banc Resolution[1] of the Commission on Elections (COMELEC) in SPC No. 01-124.

Sally A. Lee (petitioner) and Leovic R. Dioneda (private respondent) were candidates for mayor of Sorsogon City, Sorsogon in the May 14, 2001 elections.

During the canvassing of the election returns, counsel for private respondent objected to the inclusion of Election Return No. 41150266 for Precinct No. 28A2 in...