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Maruhom vs. COMELEC & Dimaporo

ABDULMADID P.B. MARUHOM, PETITIONER, VS. COMMISSION ON ELECTIONS AND HADJI JAMIL DIMAPORO, RESPONDENTS.

G.R. No. 139357 | 2000-05-05

D E C I S I O N
 
YNARES-SANTIAGO, J.:
 
Whether or not a motion to dismiss, filed after an answer has been filed, is a prohibited pleading in an election protest pending before the Regional Trial Court is the issue posed in this petition for certiorari with prayer for preliminary injunction challenging the Resolution of the Commission on Elections (COMELEC) dated July 6, 1999[1] dismissing Comelec Case SPR No. 52-98.
 
The COMELEC’s challenged order summarizes the relevant facts of the controversy thus: 
 
1. Petitioner and private respondent were both candidates for Mayor in the Municipality of...