Baytan v COMELEC; GR No. 153945; 04 Feb 2003

in Legal Chyme by

Petitioners were on their way to register for the elections when they were led to Precinct No. 83-A of Barangay 18 where they eventually registered. Upon realizing that their residence is situated within the jurisdiction of Barangay 28, petitioners proceeded to Precinct No. 129-A of Barangay 28 and registered anew.

Whether or not COMELEC en banc committed grave abuse of discretion in recommending the prosecution of petitioners.

NO. The COMELEC acted in accordance with Section 9(b), Rule 34 of the 1993 COMELEC Rules of Procedure governing the prosecution of election offenses in meeting en banc in the first instance and action on the recommendation of the investigating officer to file the charges against petitioners.

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