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Barbers vs. COMELEC

ROBERT Z. BARBERS, PETITIONER, VS. COMMISSION ON ELECTIONS, NATIONAL BOARD OF CANVASSERS FOR SENATORS AND PARTY-LIST REPRESENTATIVES, AND RODOLFO G. BIAZON, RESPONDENTS.

G.R. No. 165691 | 2005-06-22

D E C I S I O N
 
CARPIO, J.:
 
The Case

This is a petition for certiorari[1] and prohibition with prayer for temporary restraining order and preliminary injunction to nullify the Resolution dated 6 July 2004 of the Special Division of the Commission on Elections (“COMELEC”),[2]as well as the Resolution dated 25 October 2004 of the COMELEC en banc.[3]  The Resolutions affirmed the proclamation of the COMELEC sitting en banc as the National Board of Canvassers (“NBC”) declaring Rodolfo G. Biazon (“Biazon”) as the duly elected 12th Senator in the 10 May 2004 National and Local...