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Mayor Jose Ugdoracion Vs. COMELEC

MAYOR JOSE UGDORACION, JR., Petitioner, versus COMMISSION ON ELECTIONS and EPHRAIM M. TUNGOL, Respondents.

G.R. No. 179851 | 2008-04-18

DECISION


NACHURA, J.:

At bar is a petition for certiorari and prohibition under Rule 64 of the Rules of Court filed by petitioner Jose Ugdoracion, Jr., pursuant to Article IX-A, Section 7 of the Constitution, challenging the May 8, 2007 and September 28, 2007 Resolutions[1] of the public respondent Commission on Elections (COMELEC) First Division and En Banc, respectively.

The facts:

Ugdoracion and private respondent, Ephraim Tungol, were rival mayoralty candidates in the Municipality of Albuquerque, Province of Bohol in the May 14, 2007 elections. Both filed their respective Certificates of Candidacy (COC).

On April 11, 2007,...