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[G. R. No. 160029.
LONZANIDA vs. COMELEC
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
G. R. No. 160029 (Romeo D. Lonzanida vs. The Honorable Commission on Elections (First Division) and Juan L. Alvez .)
Before us is a petition for certiorari with prayer for the
issuance of a temporary restraining order and a writ of preliminary injunction
under Rule 65 of the Rules of Court. Petitioner Romeo D. Lonzanida
seeks to annul the order dated
On
Alvez appealed the RTC decision to the COMELEC which granted the appeal and annulled Lonzanida's proclamation.
On
On
Petitioner now questions the legality of the COMELEC order requiring him to cease and desist from discharging the powers and duties of the mayor during the pendency of his motion for reconsideration.
Without giving due course to the petition, we issued a status quo ante order effective immediately, until further orders. We ordered the COMELEC, its agents, or any persons acting in its stead, to observe the status quo before the filing of the petition. We then ordered respondents to file their respective comments.
On
Considering the allegations, issues and arguments adduced in the petition, comments and reply, we gave due course to the petition and required the parties to submit memoranda.
On
In the meantime, however, national and local elections were held
on
In view thereof, the petition is hereby DISMISSED.
Austria-Martinez and Carpio-Morales, JJ., on official leave.
Very truly yours.
(Sgd.)
LUZVIMINDA D. PUNO
Clerk of Court
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