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Gonzalez v. COMELEC

FERNANDO V. GONZALEZ, PETITIONER, VS. COMMISSION ON ELECTIONS, RENO G. LIM, STEPHEN C. BICHARA AND THE SPECIAL BOARD OF CANVASSERS CONSTITUTED PER RES. DATED JULY 23, 2010 OF THE COMMISSION ON ELECTIONS EN BANC, RESPONDENTS.

G.R. No. 192856 | 2011-03-08

D E C I S I O N
 
VILLARAMA, JR., J.:
 
This is a petition for certiorari, prohibition and mandamus under Rule 65 in relation to Rule 64 of the 1997 Rules of Civil Procedure, as amended, assailing the Resolution[1] dated May 8, 2010 of the Commission on Elections (COMELEC) Second Division and Resolution[2] dated July 23, 2010 of the Commission En Banc, in SPA No. 10-074 (DC).

The facts are uncontroverted.

Petitioner Fernando V. Gonzalez and private respondent Reno G. Lim both filed certificates of candidacy for the position of Representative of the 3rd congressional district of the Province of Albay in the May 10,...