Back

Cagas vs. COMELEC

DOUGLAS R. CAGAS, PETITIONER, VS. THE COMMISSION ON ELECTIONS, AND CLAUDE P. BAUTISTA, RESPONDENTS.

G.R. No. 194139 | 2012-01-24

EN BANC
 
D E C I S I O N
 
BERSAMIN, J.:
 
A party aggrieved by an interlocutory order issued by a Division of the Commission on Elections (COMELEC) in an election protest may not directly assail the order in this Court through a special civil action for certiorari. The remedy is to seek the review of the interlocutory order during the appeal of the decision of the Division in due course.

For resolution is the petition for certiorari brought under Rule 64 of the Rules of Court, assailing the order dated August 13, 2010 (denying the affirmative defenses raised by the petitioner),[1] and the order dated...