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Manuel Milla, Petitioner, Vs. Regina Balmores-Laxa

MANUEL MILLA, petitioner, vs. REGINA BALMORES-LAXA, respondent.

G.R. No. 151216 | 2003-07-18

D E C I S I O N

CARPIO-MORALES, J.:

The petition at bar involves the power of the Commission on Elections (COMELEC) to annul the proclamation, due to an alleged error in the tabulation of the Statement of Votes, of a winning candidate for municipal councilor who had taken his oath and assumed office as such.

Petitioner Manuel Milla and respondent Regina Balmores-Laxa were candidates for councilor of Gerona, Tarlac in the May 14, 2001 elections.[1]

On May 18, 2001, petitioner was proclaimed as the eighth winning candidate by the Municipal Board of Canvassers (BOC) based on the Statement of Votes and the Certificate of Canvass[2] showing...