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Abayon vs. COMELEC [DECISION]

HARLIN CASTILLO ABAYON, Petitioner, versus COMMISSION ON ELECTIONS and RAUL A. DAZA, Respondents.

G.R. No. 181295 | 2009-04-02

D E C I S I O N
 
CHICO-NAZARIO, J.:
 
This is a Petition for Certiorari and Prohibition under Rule 65 of the Revised Rules of Court seeking to set aside the Resolution[1] dated 28 January 2008 of the Commission on Elections (COMELEC) en banc in EPC No. 2007-62, which affirmed the Order dated 8 October 2007 of the COMELEC First Division[2] dismissing the election protest of petitioner Harlin Castillo Abayon (Abayon) for having been filed out of time.

Abayon and respondent Raul Daza (Daza) were candidates for the Office of Governor of the Province of Nothern Samar during the 14 May 2007 elections.[3]

On 19...