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Revilla, Sr. vs. COMELEC and Gerardo L. Lanoy

EUGENIO T. REVILLA, SR., Petitioner, versus THE COMMISSION ON ELECTIONS and GERARDO L. LANOY, Respondents.

G.R. No. 187428 | 2009-10-16

RESOLUTION


NACHURA, J.:

This is a petition for certiorari under Rule 64 of the Rules of Court ascribing grave abuse of discretion to the Commission on Elections (COMELEC) Second Division in EAC (BRGY) No. 148-2008 for issuing its Order dated March 9, 2009, denying petitioner's motion for reconsideration as violative of the 1987 Constitution and the COMELEC Rules of Procedure both mandating that a motion for reconsideration can be disposed only by the COMELEC en banc.

The factual background is as follows-

Petitioner Eugenio T. Revilla, Sr. (Revilla) and private respondent Gerardo L. Lanoy (Lanoy) were candidates for Punong Barangay of...