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Albania vs. COMELEC [DECISION]

SOFRONIO B. ALBANIA, PETITIONER, V. COMMISSION ON ELECTIONS AND EDGARDO A. TALLADO, RESPONDENTS.

G.R. No. 226792 | 2017-06-06

DECISION
 
PERALTA, J.:
 
Challenged in this petition for certiorari under Rule 64, in relation to Rule 65 of the Rules of Civil Procedure is the Resolution[1] dated August 24, 2016 of the Commission on Elections (COMELEC) En Banc which upheld the Resolution[2] dated April 22, 2016 of the COMELEC Second Division dismissing the petition to deny due course to or to cancel respondent Edgardo A. Tallado's Certificate of Candidacy (COC) for being filed out of time.
 
The facts are as follows:
 
In the May 14, 2007 National and Local Elections, respondent Edgardo A. Tallado and Jesus O. Typoco were both candidates for the...