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Hermilina N. Abainza Vs. Ernesto Arellano, et al.

HERMILINA N. ABAINZA,Petitioner,versus ERNESTO ARELLANO and COMMISSION ON ELECTIONS,Respondents.

G.R. No. 181644 | 2008-12-08

RESOLUTION


NACHURA, J.:

Before the Court is a petition for certiorari[1] assailing the Resolutions of the Commission on Elections (COMELEC) dated September 3, 2007 and January 30, 2008, respectively.

The Facts

Private respondent Ernesto C. Arellano and petitioner Hermilina N. Abainza were among the candidates for the position of member of the Sangguniang Bayan of Jovellar, Albay, in the May 14, 2007 synchronized national and local elections.

On May 15, 2007, the Municipal Board of Canvassers proclaimed the following as the duly elected members of the Sangguniang Bayan:

Winning Candidates

Votes Obtained

1. Mirabete, Moises 4,111

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