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Relampagos v. Cumba

EMMANUEL M. RELAMPAGOS, PETITIONER, VS. ROSITA C. CUMBA AND THE COMMISSION ON ELECTIONS, RESPONDENTS.

G.R. No. 118861 | 1995-04-27

DECISION
 
DAVIDE, JR., J.:

This special civil action of certiorari under Rule 65 of the Rules of Court revives the issue of whether or not the Commission on Elections (COMELEC) has jurisdiction over petitions for, certiorari, prohibition, and mandamus in election cases where it has exclusive appellate jurisdiction In the split decision of 4 March 1992 in the consolidated cases of Garcia vs. De Jesus and Uy vs. Commission on Elections,[1] this Court ruled in the negative because of the absence of any specific conferment upon the COMELEC, either by the constitution or by legislative fiat, of jurisdiction to issue such extraordinary writs....