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Benjamin R. Erni Vs. Commission On Elections, Et Al.

BENJAMIN R. ERNI, petitioner, vs. COMMISSION ON ELECTIONS and FRANCIS N. TOLENTINO, respondents.

G.R. No. 116246 | 1995-04-27

D E C I S I O N


MENDOZA, J.:

This is a petition for certiorari to annul the resolution dated July 25, 1994 of the Commission on Elections en banc in EPC No. 92-15, affirming the resolution of the Commission's First Division which set aside the proclamation of petitioner-protestee Benjamin R. Erni and declared respondent-protestant Francis N. Tolentino the duly elected mayor of Tagaytay City in the election of May 11, 1992. Petitioner-protestee contends that he was deprived of due process by the resolution in question of the Commission en banc.

The facts are as follows:

Petitioner-protestee Benjamin R. Erni was proclaimed by the City...