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Sandra Y Eriguel Vs. Commission on Elections and Ma. Theresa Dumpit-Michelena

SANDRA Y. ERIGUEL, Petitioner, versus COMMISSION ON ELECTIONS and MA. THERESA DUMPIT-MICHELENA, Respondents

G.R. No. 190526 | 2010-02-26

D E C I S I O N


VILLARAMA, JR., J.:

May a division of the Commission on Elections (COMELEC) elevate an appeal to the Commission en banc without first resolving it? And in connection with the said appeal, may the COMELEC en banc legally proceed with a fresh appreciation of the contested ballots without first ascertaining that the same have been kept inviolate? These are the two (2) important issues raised in this petition for certiorari filed under Rule 64 in relation to Rule 65 of the 1997 Rules of Civil Procedure, as amended.

First, the facts.

Petitioner Sandra Eriguel (Eriguel) and private respondent Ma. Theresa Dumpit-Michelena...