Without authority from the comelec and without notice

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without authority from the Comelec and without notice to the parties, in violation of Comelec Resolution No. 8804.Hence, Federico filed the present Petition for Certiorari with Prayer for Writ of Preliminary Injunction and/or Temporary Restraining Order, dated December 23, 2011, before this Court. On January 16, 2012, the Comelec En Banc issued a Writ of Execution ordering Federico to vacate the position as mayor and to cease and desist from performing the functions of the said office. On January 17, 2012, the Special MBOC issued a notice to convene on January 24, 2012 at the Comelec’s Session Hall for the purpose of proclaiming Maligaya as the duly elected mayor. From the pleadings of the parties, the principal issues presented for resolution are: (1) whether Federico could validly substitute Edna who withdrew her candidacy for the mayoralty position; (2) whether Maligaya’s Petition to Annul Proclamation of Federico as mayor of Sto. Tomas, Batangas, docketed as SPC No. 10-082, was filed on time; and (3) granting that Federico was disqualified, whether he should be succeeded by Intervenor Silva under the LGC or replaced by Maligaya. Essentially, the issue thrust upon the Court is whether the Comelec gravely abused its discretion when it annulled Federico’s proclamation as the winning candidate on the ground that his substitution as mayoralty candidate was void. The Court agrees with the position taken by the OSG representing public respondent Comelec En Banc. The electoral commission committed no grave abuse of discretion when it came out with its December 21, 2011 Resolution, in SPC No. 10-082, granting Maligaya’s partial motion for reconsideration. Federico’s substitution of Edna Sanchez as mayoralty candidate was not valid. Federico argues that Comelec Resolution No. 8678 cannot prevail over the provisions of Section 77 of Batas Pambansa Bilang 881, the Omnibus Election Code (OEC), prescribing the rules on substitution of an official candidate of a registered political party who dies, withdraws or is disqualified for any cause after the last day for the filing of his COC. The law provides: Sec. 77. Candidates in case of death, disqualification or withdrawal of another. - If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or, in the case of candidates to be voted for by the
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