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Alimudin A. Macacua Vs. COMELEC, et al

ALIMUDIN A. MACACUA, Petitioner, versus COMMISSION ON ELECTIONS and MIKE A. FERMIN, Respondents.

G.R. No. 175390 | 2007-05-08

DECISION


AZCUNA, J.:

This is a petition for certiorari alleging that the Commission on Elections (COMELEC) en banc acted with grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the Resolution promulgated on November 20, 2006, disallowing the conduct of a third special election in Barangay Guiawa, Kabuntalan, Maguindanao.

The facts are:

Petitioner Alimudin A. Macacua and private respondent Mike A. Fermin were candidates for Mayor in the May 2004 local elections in the Municipality of Kabuntalan, Maguindanao. The Municipal Board of Canvassers of Kabuntalan proclaimed private respondent as the duly...