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Justimbaste vs. Commission on Elections

PRISCILA R. JUSTIMBASTE, PETITIONER, VS. COMMISSION ON ELECTIONS AND RUSTICO B. BALDERIAN, RESPONDENTS.

G.R. No. 179413 | 2008-11-28

EN BANC
 
D E C I S I O N
 
CARPIO MORALES, J.:
 
On challenge via Certiorari and Prohibition is the Commission on Elections (COMELEC) en banc Resolution of August 21, 2007[1] affirming the May 28, 2007[2] Resolution of its Second Division dismissing the petition for disqualification filed by Priscila R. Justimbaste (petitioner) against Rustico B. Balderian (private respondent).

Gathered from the records of the case are the following antecedent facts:

On April 3, 2007, petitioner filed with the Office of the Leyte Provincial Election Supervisor a petition to disqualify private respondent as a candidate...