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Mayor N. E. Rosal, vs. COMELEC, et al.

MAYOR NOEL E. ROSAL, Petitioner, versus COMMISSION ON ELECTIONS, Second Division, and MICHAEL VICTOR IMPERIAL, Respondents.

G.R. No. 168253 | 2007-03-16

D E C I S I O N
 


CORONA, J.:

Petitioner Noel E. Rosal and private respondent Michael Victor C. Imperial were candidates for mayor of Legaspi City in the May 10, 2004 elections. After the counting and canvassing of votes, petitioner was proclaimed as the duly elected mayor of Legaspi City, having received 44,792 votes over private respondent's 33,747 and thereby winning by a margin of 11,045 votes.

On May 24, 2004, private respondent instituted a petition to annul the proclamation,[1] assailing the canvass of election returns in the 520 precincts that had functioned during the election. On July 6, 2004, the case was superseded by an...