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RODOLFO DUMAYAS, JR. vs COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF THE MUNICIPALITY OF CARLES, PROVINCE OF ILOILO and FELIPE BERNAL, JR.

RODOLFO DUMAYAS, JR., petitioner, vs. COMMISSION ON ELECTIONS, THE MUNICIPAL BOARD OF CANVASSERS OF THE MUNICIPALITY OF CARLES, PROVINCE OF ILOILO and FELIPE BERNAL, JR., respondents.

G.R. Nos. 141952-53 | 2001-04-20

D E C I S I O N

QUISUMBING, J.:

In this special civil action, petitioner Rodolfo Dumayas, Jr., seeks to nullify the Resolution promulgated March 2, 2000 by the Commission on Elections (COMELEC) en banc, reversing that of the Second Division dated August 4, 1998, which annulled the petitioner's proclamation as Municipal Mayor of Carles, Iloilo.

The antecedent facts of the case, as found by the COMELEC en banc, are as follows:

Petitioner Dumayas, Jr. and respondent Bernal, Jr. were rival candidates for the position of mayor in Carles, Iloilo last 11 May 1998 synchronized elections.

During the canvassing on 13 May 1998, election returns...