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Cordora vs. Comelec

GAUDENCIO M. CORDORA, PETITIONER, VS. COMMISSION ON ELECTIONS AND GUSTAVO S. TAMBUNTING, RESPONDENTS.

G.R. No. 176947 | 2009-02-19

D E C I S I O N
 
CARPIO, J.:
 
The Case

This is a petition for certiorari and mandamus, with prayer for the issuance of a temporary restraining order under Rule 65 of the 1997 Rules of Civil Procedure.

In EO Case No. 05-17, Gaudencio M. Cordora (Cordora) accused Gustavo S. Tambunting (Tambunting) of an election offense for violating Section 74 in relation to Section 262 of the Omnibus Election Code. The Commission on Elections' (COMELEC) En Banc dismissed Cordora's complaint in a Resolution[1] dated 18 August 2006. The present petition seeks to reverse the 18 August 2006 Resolution as well as the Resolution[2]...