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Virginio Villamor vs. Commission on Elections, et al

VIRGINIO VILLAMOR, Petitioner, versus COMMISSION ON ELECTIONS and AMYTIS* DE DIOS-BATAO, Respondents.

G.R. No. 169865 | 2006-07-21

EN BANC

DECISION 

YNARES-SANTIAGO, J.: 

This petition for certiorari under Rule 65 of the Rules of Court seeks to annul the April 11, 2005 Resolution[1] of the Second Division of the Commission on Elections (COMELEC) in EAC No. A-11-2004 as well as the Order of the COMELEC En Banc dated August 5, 2005. The assailed resolution affirmed the Order[2] dated July 23, 2004 of the Regional Trial Court of Danao City, Branch 25 in Case No. EP-2004-02 which reconsidered its Order[3] dated June 24, 2004 dismissing the election protest filed by respondent Amytis De Dios-Batao. 

The antecedent facts are as follows: 

On May 13, 2004,...