This case has been cited 2 times or more.
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2009-04-02 |
CHICO-NAZARIO, J. |
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| Abayon was similarly unsuccessful in EPC No. 2007-62, his Petition of Protest. On 8 October 2007, the COMELEC First Division issued its Order[13] dismissing Abayon's election protest for having been filed out of time. Under Section 250 of the Omnibus Election Code,[14] an election protest should be filed within 10 days from the date of the proclamation of the results of the election. Since Daza was proclaimed on 20 May 2007, Abayon had only until 30 May 2007 to file his election protest. However, he filed his election protest only on 29 June 2007. The COMELEC referred to the case of Villamor v. Comelec,[15] when it declared that in order for a petition for annulment of proclamation to suspend the period for filing of election protest, it should be based on a valid pre-proclamation issue. In applying this ruling, it decreed that the pendency of SPC No. 07-070, Abayon's petition for annulment of Daza's proclamation, did not toll the running of the ten-day period for filing an election protest. SPC No. 07-070 was based on SPC No. 07-037, Abayon's earlier petition for the exclusion from canvass of the COCs from the Municipalities of Capul, Rosario and Bobon, Norther Samar, since they were prepared under duress, threats, and coercion or intimidation, grounds which do not involve proper pre-proclamation issues. The COMELEC, thus, decreed in its Order dated 8 October 2007 that: | |||||
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2009-04-02 |
CHICO-NAZARIO, J. |
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| Of Abayon's numerous petitions, three were denied or dismissed. SPC No. 07-069, Abayon's petition to exclude from canvass the COC of Catubig, Northern Samar, was denied by the COMELEC Second Division in a Resolution dated 2 July 2007.[10] SPC No. 07-484, Abayon's petition for the declaration of a failure of election in the Municipality of Catubig, Northern Samar, and for the holding of special elections therein, was dismissed by the COMELEC en banc in a Resolution dated 9 July 2007.[11] SPA No. 07-460, Abayon's petition for the declaration of failure of elections in the Municipalities of Capul, Rosario and Bobon, in Northern Samar, was also dismissed by the COMELEC en banc in a Resolution dated 29 January 2008. [12] | |||||