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Ernesto Batalla Vs. Commission on Elections and teodoro Bataller

ERNESTO BATALLA, Petitioner, versus COMMISSION ON ELECTIONS and TEODORO BATALLER, Respondents.

G.R. No. 184268 | 2009-09-15

D E C I S I O N


VELASCO, JR., J.:

The Case

In a Petition for Certiorari under Rules 65 in Relation to Rule 64 of the Rules of Court, petitioner assails the Order[1] of the Commission on Elections (Comelec) First Division dated April 3, 2008 dismissing his appeal from the February 12, 2008 Decision[2] of the Municipal Circuit Trial Court (MCTC), Bacacay, Albay, in Election Case No. B-2007-2, and the Order[3] of the Comelec En Banc dated August 5, 2008 denying his motion for reconsideration.

The Facts

Petitioner Ernesto Batalla (Batalla), who was a former Punong Barangay, and private respondent Teodoro Bataller (Bataller), then...