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Elenita I. Balajonda vs. COMELEC and Maricel Francisco

ELENITA I. BALAJONDA, Petitioner, versus COMMISSION ON ELECTIONS (FIRST DIVISION) and MARICEL S. FRANCISCO, Respondents.

G.R. No. 166032 | 2005-02-28

D E C I S I O N 

Tinga, J.: 

  Whether or not the Commission on Elections has power to order the immediate execution of its judgment or final order involving a disputed barangay chairmanship is at the heart of the present Petition for Certiorari[1] under Rule 65 of the 1997 Rules of Civil Procedure. 

  On 16 July 2002, petitioner Elenita I. Balajonda (Balajonda) was proclaimed as the duly elected Barangay Chairman (Punong Barangay), having won the office in the barangay elections held the previous day.[2] Her margin of victory over private respondent Maricel Francisco (Francisco) was four-hundred twenty (420)...