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JOSEPH B. TIMBOL, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

JOSEPH B. TIMBOL, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

G.R. No. 206004 | 2015-02-24

EN BANC
 
R E S O L U T I O N
 
LEONEN, J.:
 
The power of the Commission on Elections (COMELEC) to restrict a citizen's right of suffrage should not be arbitrarily exercised. The COMELEC cannot motu proprio deny due course to or cancel an alleged nuisance candidate's certificate of candidacy without providing the candidate his opportunity to be heard.
 
This is a Petition[1] for Certiorari with prayer for issuance of preliminary mandatory injunction against the following issuances of the COMELEC: first, Resolution No. 9610[2] dated January 11, 2013, declaring petitioner Joseph B. Timbol (Timbol) a nuisance candidate...