This case has been cited 1 times or more.
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2006-04-12 |
AUSTRIA-MARTINEZ, J. |
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| In Belac v. Comelec,[15] when the voting of the Comelec En Banc on therein petitioner's motion for reconsideration was equally divided, the Comelec En Banc first issued an order setting the case for hearing and allowed the parties to submit their respective memoranda before voting anew on therein petitioner's motion for reconsideration. This should have been the proper way for the Comelec En Banc to act on herein petitioner's motion for reconsideration when the first voting was equally divided. Its own Rules of Procedure calls for a rehearing where the parties would have the opportunity to strengthen their respective positions or arguments and convince the members of the Comelec En Banc of the merit of their case. Thus, when the Comelec En Banc failed to give petitioner the rehearing required by the Comelec Rules of Procedure, said body acted with grave abuse of discretion. | |||||