FACTS:
On 13 March 2008, the petitioner filed a motion for reconsideration before the COMELEC (First Division), seeking a reversal of its earlier decision dismissing his petition for disqualification. However, the said motion was denied by the COMELEC (Second Division) through a Resolution dated 16 May 2008. Consequently, the petitioner filed the present petition.
ISSUES:
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Whether the election protest filed by petitioner complied with the requirements of Section 11(f), Rule 2 of A.M. No. 07-4-15-SC.
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Whether the RTC erred in denying private respondent's motion to dismiss.
RULING:
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Yes, the election protest failed to comply with the requirements of Section 11(f), Rule 2 of A.M. No. 07-4-15-SC. The Court of Appeals (COMELEC) nullified the order of the RTC and dismissed the election protest filed by petitioner.
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No, the RTC did not err in denying private respondent's motion to dismiss.
PRINCIPLES:
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Election protests must comply with the requirements established by law or administrative rules in order to be considered valid.
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It is within the authority of the RTC to deny a motion to dismiss if it finds that there is no merit to the grounds raised by the moving party.