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Barro v. COMELEC

CARMELINDA C. BARRO, Petitioner, versus THE COMMISSION ON ELECTIONS (FIRST DIVISION); HON. DELIA P. NOEL-BERTULFO, in her capacity as Presiding Judge of the Municipal Trial Court, Palompon, Leyte; and ELPEDIO P. CONTINEDAS, JR., Respondents.

G.R. No. 186201 | 2009-10-09

DECISION
 
PERALTA, J.:
 
This is a petition for certiorari[1] alleging that the First Division of the Commission on Elections (COMELEC) committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the Orders dated November 25, 2008 and January 9, 2009. The Order[2] dated November 25, 2008 dismissed petitioner's appeal for failure to pay the appeal fee prescribed by the COMELEC Rules of Procedure within the reglementary period. The Order[3] dated January 9, 2009 denied petitioner's motion for reconsideration.

The facts are as follows:

Petitioner Carmelinda C. Barro and private...