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Antonio B. Gunsi, Sr. Vs. The Hon. Commissioners, Comelec and Datu Israel Sinsuat

ANTONIO B. GUNSI, SR., Petitioner, versus THE HONORABLE COMMISSIONERS, COMMISSION ON ELECTIONS and DATU ISRAEL SINSUAT, Respondents.

G.R. No. 168792 | 2009-02-23

DECISION


NACHURA, J.:

At bar is a petition for certiorari and prohibition under Rule 65[1] of the Rules of Court filed by petitioner Antonio B. Gunsi Sr. (Gunsi) challenging the June 9, 2005 Resolution[2] of the Commission on Elections (COMELEC) En Banc which affirmed the October 11, 2004 Order[3] of the COMELEC Second Division.

The undisputed facts:

On January 9, 2004, private respondent Datu Israel Sinsuat (Sinsuat) filed a petition for the denial of due course to or cancellation of the certificate of candidacy (COC) of Gunsi in connection with the May 10, 2004 Synchronized National and Local Elections. Essentially, Sinsuat sought...