Back

Patria C. Gutierrez vs. Commission on Elections, et al.

PATRIA C. GUTIERREZ, petitioner vs. COMMISSION ON ELECTIONS AND VICENTE TOMAS VERA III, respondents.

G.R. No. 126298 | 1997-03-25

D E C I S I O N


VITUG, J.:

A special civil action for certiorari and prohibition, with a prayer for the issuance of a writ of temporary restraining order ("TRO") and/or preliminary injunction, has been filed with this Court to nullify the TRO, 1 dated 26 July 1996, and writ of preliminary injunction, 2 dated 04 September 1996, issued by respondent Commission on Elections ("COMELEC") (a) commanding herein petitioner Patria Gutierrez to cease and desist from performing the duties and functions of Mayor of Tiwi, Albay, and (b) enjoining the presiding Judge of the Regional Trial Court ("RTC"), Branch 5, Legaspi City, from enforcing the...