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Jemias V. Esteves Vs. Rene V. Sarmiento, et al.

JEREMIAS V. ESTEVES, Petitioner, versus RENE V. SARMIENTO, NICODEMO T. FERRER, in their respective capacities as Presiding Officer VELASCO, JR., and Member of the Second Division COMELEC, Manila and REYNALDO TEH BITONG, Respondents.

G.R. No. 182374 | 2008-11-11

D E C I S I O N


Tinga, J.:

This is a special civil action for certiorari and prohibition[1] under Rule 65 of the 1997 Rules of Civil Procedure, assailing the Resolution[2] of the Second Division of the Commission on Elections (COMELEC) in SPR No. 46-2007. Said resolution set aside the Order[3] dated 8 September 2007 issued by the Regional Trial Court (RTC), Branch 96, Baler, Aurora and consequently dismissed the election protest filed by herein petitioner Jeremias V. Esteves against private respondent Mayor Reynaldo Teh Bitong.

As culled from the records of the case, the following antecedent facts appear:

In the national and local...