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Alvin B. Garcia Vs. Commission on Elections and Tomas R. Osmena

ALVIN B. GARCIA, Petitioner, versus COMMISSION ON ELECTIONS and TOMAS R. OSMENA, Respondents

G.R. No. 170256 | 2010-01-25

D E C I S I O N 


PERALTA, J.: 

This is a petition for certiorari[1] alleging that the Commission on Elections (COMELEC) en banc committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the Resolutions dated April 28, 2005 and October 5, 2005 in Election Offense Case No. 04-120. In the Resolution dated April 28, 2005, the COMELEC en banc found probable cause that petitioner Alvin B. Garcia committed an election offense and directed the Law Department of COMELEC to file the appropriate Information against him for violation of Section 6 of Republic Act (R.A.) No. 9006, otherwise known as the "Fair...