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Joseph Bernardez Vs. Commission on Elections

JOSEPH BERNARDEZ, Petitioner, versus COMMISSION ON ELECTIONS and avelino tolean, Respondents.

G.R. No. 190382 | 2010-03-09

D E C I S I O N


PERALTA, J.:

This is a Petition for Certiorari[1] with Urgent Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction and/or Status Quo Ante Order, assailing the Order[2] of the Commission on Elections (COMELEC) En Banc, dated November 4, 2009, and the Resolution[3] of the Second Division of the COMELEC dated September 22, 2009, setting aside the Special Order[4] in Election Case No. 1255, dated March 31, 2009, of Branch 36, Regional Trial Court (RTC) of Bontoc, Mountain Province.

The factual background of this case is as follows:

Petitioner Joseph Bernardez and private respondent...