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Mateo R. Nollen, Jr. Vs. Commission on Elections and Susana M. Caballes

MATEO R. NOLLEN, JR., Petitioner, versus COMMISSION ON ELECTIONS and SUSANA M. CABALLES, Respondents

G.R. No. 187635 | 2010-01-11

D E C I S I O N


VELASCO, JR., J.:

The Case

In this petition for certiorari under Rule 64 in relation to Rule 65, Mateo R. Nollen, Jr. assails and seeks to nullify the Order[1] dated September 22, 2008 of the Commission on Elections (COMELEC) First Division in EAC BRGY 360-2008 and the Resolution[2] of April 2, 2009 of the COMELEC En Banc denying his motion for reconsideration.

The Facts

Respondent Susana M. Caballes and petitioner Mateo R. Nollen, Jr. were candidates for punong barangay of Gibanga, Sariaya, Quezon in the October 29, 2007 barangay elections. Having garnered four hundred and fifty-six (456) votes as against the four...