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Ramon P. Torres Vs. Commission on Elections and Josephine "Joy" H. Gaviola

RAMON P. TORRES, Petitioner, versus COMMISSION ON ELECTIONS and JOSEPHINE “JOY” H. GAVIOLA, Respondents

G.R. No. 187956 | 2009-11-19

D E C I S I O N


ABAD, J.:

This petition for certiorari assails the May 25, 2009 Resolution[1] of the Commission on Elections (COMELEC) En Banc which denied the motion for reconsideration of petitioner Ramon P. Torres (Torres) and affirmed with modification the March 4, 2009 Resolution[2] of the COMELEC Second Division in EAC (BRGY.) 214-2008, which in turn reversed the May 7, 2008 Decision[3] of the Metropolitan Trial Court of Makati City in Election Case 07-2874. The latter court had annulled the proclamation of Torres and declared respondent Josephine "Joy" H. Gaviola (Gaviola) as the elected Punong Barangay of Barangay San Antonio,...