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Penera vs. Comelec [DISSENTING OPINION, ABAD, J.]

ROSALINDA A. PENERA, Petitioner, versus COMMISSION ON ELECTIONS and EDGAR T. ANDANAR, Respondents

G.R. No. 181613 | 2009-11-25

DISSENTING OPINION


ABAD, J.: 
 

The Facts and the Case



Petitioner Rosalinda Penera and respondent Edgar Andanar ran for mayor of Sta. Monica, Surigao Del Norte, during the May 14, 2007 elections.

On March 29, 2007 a motorcade by petitioner Penera's political party preceded the filing of her certificate of candidacy before the Municipal Election Officer of Sta. Monica. Because of this, on April 2, 2007 Andanar filed with the Regional Election Director for Region 13 in SPA 07-224 a petition to disqualify[1] Penera, among others,[2] for engaging in election campaign before the start of the campaign period.

Andanar...