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COMELEC vs. Español

COMMISSION ON ELECTIONS, PETITIONER, VS. HON. DOLORES L. ESPAÑOL, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 90, IMUS, CAVITE, RESPONDENTS.

G.R. No. 149164-73 | 2003-12-10

D E C I S I O N
 
CALLEJO, SR., J.:
 
This is a petition for certiorari and mandamus under Rule 65 of the Rules of Court, as amended, filed by the Commission on Elections (COMELEC) for the nullification of the Order of the respondent judge dated February 20, 2001, denying the "Omnibus Motion to Dismiss" filed by the petitioner in Criminal Case Nos. 7960-00 to 7969-00, and the Order dated May 16, 2001, denying the petitioner's motion for reconsideration.
 
The Antecedents

During the elections on May 11, 1998, Florentino A. Bautista was the official candidate of the Lakas for the position of Municipal Mayor of...