SUPREME COURT DECISIONS

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SEPARATE OPINION

DAVIDE, JR., J.:

I concur with the majority that the election protest filed on 17 May 1996 by private respondent Villano with the Regional Trial Court of Malolos, Bulacan was indeed filed late, but for another reason.

The MBC of San Jose del Monte, Bulacan, proclaimed petitioner victorious on 19 July 1995 pursuant to the 18 July 1995 Order of the COMELEC directing the MBC to reconvene, prepare the certificate of canvass and proclaim the winning candidates. The motion to reconsider said order filed on 24 July 1995 did not suspend the running of the period to file an election protest as there was no indication that private respondent had likewise asked to annul the proclamation, pursuant to Section 248 of the Omnibus Election Code which explicitly provides that it is the filing with the Commission of a petition to annul or suspend the proclamation of any candidate which suspend[s] the running of the period within which to file an election protest or quo warranto proceedings. Neither was the period to file the election protest tolled by the pendency before this Court of the special civil action for certiorari private respondent filed to impugn the COMELEC order of 8 September 1995 denying private respondents motion to reconsider the 18 July 1995 order since this Court did not issue a temporary restraining order.