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Dimalub P. Namil, et al Vs. COMELEC, et al

DIMALUB P. NAMIL, ABDULNASSER TIMAN, TERESITA G. AKOB, MALIGA AMILUDIN and EPAS GUIAMEL, petitioners, vs. COMMISSION ON ELECTIONS, public respondent. / JOENIME B. KAPINA, MONIB B. WALINGWALING, MAULANA G. KARNAIN, ABDULGAPHAR M. MUSTAPHA, ABDULRAKMAN TALIKOP and WILSON SABIWANG, private respondents.

G.R. No. 150540 | 2003-10-28

D E C I S I O N

CALLEJO, SR., J.:

This is a special civil action for certiorari under Rule 65 of the 1997 Rules of Civil Procedure, as amended, to set aside the November 6, 2001 Resolution No. 4615,[1] promulgated by the Commission on Elections (COMELEC) en banc[2] installing the private respondents as members of the Sangguniang Bayan of Palimbang, Sultan Kudarat, although the petitioners had already taken their respective oaths and assumed offices in the same elective positions.

The antecedents are as follows:

On May 14, 2001, the election for the members of the Sangguniang Bayan was held in Palimbang, Sultan Kudarat.

On May 20,...