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Atty. Gabriel B. Octava vs. Comelec, et al

ATTY. GABRIEL B. OCTAVA, Petitioner, versus COMMISSION ON ELECTIONS, composed of MANUEL A. BARCELONA, JR., Commissioner Ponente, BENJAMIN S. ABALOS, SR., Chairman, RUFINO S. B. JAVIER, Commissioner, RESURRECCION Z. BORRA, Commissioner, VIRGILIO O. GARCILLANO, Commissioner, MEHOL K. SADAIN, Commissioner, FLORENTINO A. TUASON, JR., Commissioner, THE CITY BOARD OF CANVASSERS OF TRECE MARTIRES CITY, CAVITE, composed of MYRNA S. UMANDAL, Chairman, RHODORA Y. ADVIENTO, Vice-Chairman, LODIVILLA P. SILAN, Member-Secretary, and JOSEFO BITONES LUBIGAN, Respondents.

G.R. No. 166105 | 2007-03-22

DECISION


QUISUMBING, J.:

This petition for certiorari under Rule 65 in relation to Rule 64 of the Rules of Court seeks to reverse and set aside the Resolutions dated August 16, 2004[1] and November 2, 2004[2] of public respondent Commission on Elections (COMELEC) in SPC No. 04-230. The COMELEC had annulled and set aside the proclamation of herein petitioner Atty. Gabriel B. Octava as the 10th Sangguniang Panlungsod member of Trece Martires City, Cavite.

The facts as found by the COMELEC are as follows:

A petition was filed by private respondent Josefo B. Lubigan against the City Board of Canvassers (CBOC) of Trece Martires City, Cavite, and...