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Gabriel Garduce Basarte vs. COMELEC, et al

GABRIEL GARDUCE BASARTE, Petitioner, versus commission on elections (comelec), BOARD OF CANVASSERS OF SILVINO LOBOS, NORTHERN SAMAR, and NOEL JARITO, Respondents.

G.R. No. 169413 | 2007-05-09

D E C I S I O N
 


PUNO, C.J.:

Before us is a petition for Certiorari under Rules 64 and 65 of the Rules of Court with prayer for the issuance of a Writ of Preliminary Injunction and/or Status Quo Ante Order, assailing the resolution of the COMELEC en banc[1] which affirmed the resolution of the COMELEC First Division[2] dismissing petitioner Gabriel Garduce Basarte's Petition to Exclude Election Return No. 04101444 of Precinct No. 17A, Barangay Cagda-o, Silvino Lobos, Northern Samar.

Petitioner Basarte and private respondent Noel Jarito were candidates for Municipal Mayor of Silvino Lobos, Northern Samar in the May 10, 2004...