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Fernandez vs. COMELEC and Mark Anthony B. Rodriguez

INDIRA R. FERNANDEZ, Petitioner, versus HON. COMMISSION ON ELECTIONS (First Division) and MARK ANTHONY B. RODRIGUEZ, Respondents.

G.R. No. 176296 | 2008-06-30

DECISION


NACHURA, J.:

For the resolution of the Court is a petition for certiorari and prohibition filed under Rules 64 and 65 of the Rules of Court assailing the December 4, 2006 Resolution[1] and the January 31, 2007 Order[2] of the Commission on Elections (COMELEC) First Division in EAC No. 14-2004.

The records disclose that, in the July 15, 2002 synchronized barangay and Sangguniang Kabataan (SK) Elections, respondent Rodriguez, who had obtained 27 votes, emerged as the winning candidate for SK chairman of Barangay Pandan del Sur, Pandan, Catanduanes, over his opponent, petitioner Fernandez, who had garnered only 25 votes. Discontented...