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BANAT Party-List vs. COMELEC

BARANGAY ASSOCIATION FOR NATIONAL ADVANCEMENT AND TRANSPARENCY (BANAT) PARTY-LIST, REPRESENTED BY SALVADOR B. BRITANICO, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

G.R. No. 177508 | 2009-08-07

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

Before the Court is a petition for prohibition[1] with a prayer for the issuance of a temporary restraining order or a writ of preliminary injunction[2] filed by petitioner Barangay Association for National Advancement and Transparency (BANAT) Party List (petitioner) assailing the constitutionality of Republic Act No. 9369 (RA 9369)[3] and enjoining respondent Commission on Elections (COMELEC) from implementing the statute.

RA 9369 is a consolidation of Senate Bill No. 2231 and House Bill No. 5352 passed by the Senate on 7 December 2006 and the House of Representatives on 19...