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Gabatan, Adelina B. vs. Commission on Elections, et al.

ADELINA B. GABATAN, petitioner, vs. COMMISSION ON ELECTIONS and LEONARDO MACALALAG, respondents.

G.R. No. L-58113 | 1983-05-02

D E C I S I O N


FERNANDO, C.J.:

The question before this Tribunal in this certiorari and prohibition proceeding is one of first impression. It is whether or not an action for ineligibility against a municipal official falls within the jurisdiction of respondent Commission on Elections or of a Court of First Instance. Petitioner Adelina B. Gabatan relies on the specific provision of the 1978 Election Code to support her claim that such authority belongs to the courts and not to respondent Commission. It reads thus: "Election contests for municipal and municipal district offices. - A sworn petition contesting the election of a municipal...