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Atty. Lucky M. Damasen Vs. Oscar G. Tumamao

ATTY. LUCKY M. DAMASEN, Petitioner, versus OSCAR G. TUMAMAO, Respondent

G.R. No. 173165 | 2010-02-17

D E C I S I O N


PERALTA, J.:

Before this Court is a Petition for Review on Certiorari,[1] under Rule 45 of the 1997 Rules of Civil Procedure, assailing the June 14, 2006 Decision[2] of the Court of Appeals (CA) in CA-G.R. SP No. 90882.

The facts of the case are as follows:

On December 2, 2004, Nelia Tumamao, the Vice-Mayor of San Isidro, Isabela, died.[3] As a result, a permanent vacancy was created in the Office of the Vice-Mayor.

Pursuant to Sec. 44 of Republic Act (RA) No. 7160,[4] Ligaya C. Alonzo (Alonzo) was elevated to the position of Vice-Mayor, she being the highest-ranking member of the Sangguniang Bayan, that is, the one...