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Abdusakar M. Tan Vs. COMELEC, et al

ABDUSAKUR M. TAN, ABDULWAHID SAHIDULLA, BRAHAM BURAHAN, petitioners, vs. COMMISSION ON ELECTIONS, YUSOP H. JIKIRI, ABDEL S. ANNI, DEN RASHER I. SALIM, TALIB L. HAYUDINI, RIZAL TINGKAHAN, BARLIE NAHUDAN, ABRAHAM DAUD, LUKMAN OMAR, ONNIH AHMAD and BASARON M. BURAHAN, respondents.

G.R. No. 148575-76 | 2003-12-10

D E C I S I O N

CALLEJO, SR., J.:

Before us are two consolidated petitions filed under Rule 65 of the Rules of Court, as amended, assailing the Orders of the Commission on Elections En Banc dated June 28, 2001, October 3, 2001 and April 17, 2002 in SPA No. 01-257 and SPA No. 01-265 for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction.

The factual antecedents insofar as pertinent to the instant petitions are as follows:

In the May 14, 2001 elections, Abdusakur Tan and Abdulwahid Sahidulla were candidates for Governor and Vice-Governor, respectively, while Munib Estino and Abraham Burahan were...