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Roy M. Loyola vs. Commission on Elections, et al.

ROY M. LOYOLA, petitioner vs. THE COMMISSION ON ELECTIONS, ROLANDO ROSAS and the REGIONAL TRIAL COURT, BRANCH 89, IMUS, CAVITE, respondents.

G.R. No. 124137 | 1997-03-25

D E C I S I O N


DAVIDE, JR., J.:

Is full payment of the required filing fee of P300 a jurisdictional requirement in election protests? Stated otherwise, does incomplete payment of filing fee suffice, provided the parties concerned pay the deficiency within the period fixed by the court?

These are the questions that confront us in this special civil action for certiorari to set aside the 21 March 1996 Resolution 1 of the Commission on Elections (COMELEC) in SPR No. 4-96 entitled Roy M. Loyola vs. Rolando Roses and Hon. Eduardo Israel Tanguangco.

The factual and procedural antecedents are related in the challenged Resolution as follows:...