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Jaramilla vs. COMELEC

ALBERTO JARAMILLA, petitioner, vs. COMMISSION ON ELECTIONS, ANTONIO SUYAT, MUNICIPAL BOARD OF CANVASSERS OF STA. CRUZ, ILOCOS SUR, THE NEW MUNICIPAL BOARD OF CANVASSERS (COMELEC), AND IRENEO CORTEZ, respondents.

G.R. No. 155717 | 2003-10-23

D E C I S I O N

AZCUNA, J.:

For review before the Court is the instant petition for certiorari[1] with prayer for temporary restraining order and preliminary injunction ascribing grave abuse of discretion to public respondent Commission on Elections (COMELEC) in issuing its en banc resolution dated October 24, 2002.

The antecedent facts, as summarized in the COMELEC resolution,[2] are as follows:

[Respondent] Antonio Suyat and [petitioner] Alberto J. Jaramilla both ran for the position of Member of the Sangguniang Bayan in the Municipality of Sta. Cruz, Ilocos Sur in the May 14, 2001 elections.

On May 16, 2001, the Municipal Board of Canvassers...