FACTS:
In this case, Herbert O. Chua filed a petition for certiorari and prohibition assailing the resolutions of the Commission on Elections (Comelec) which declared Sophia Patricia K. Gil as the duly-elected Punong Barangay of Barangay Addition Hills, San Juan City in the October 28, 2013 Barangay Elections. Chua and Gil were candidates for the position of Punong Barangay and Chua was proclaimed the winner after obtaining 465 votes as against Gil's 460 votes. Gil filed an election protest alleging fraud and illegal acts in the voting and counting process. The Metropolitan Trial Court (MeTC) dismissed the election protest and affirmed Chua's proclamation as the duly elected Punong Barangay. Gil appealed to the Comelec First Division, which reversed the decision of the MeTC and declared Gil as the duly-elected Punong Barangay. Chua filed a motion for reconsideration to the Comelec En Banc, which affirmed the resolution of the Comelec First Division. Chua then filed a manifestation with clarification and motion to stay execution, arguing that Gil had abandoned her election protest by filing a certificate of candidacy for another position. The Comelec denied the manifestation. Chua filed a petition for certiorari and prohibition with an urgent application for a temporary restraining order (TRO) and/or preliminary injunction before the Supreme Court. The petition was dismissed for being filed out of time.
ISSUES:
- Whether the petition was filed out of time.
RULING:
- The petition is dismissed. The petition was filed out of time. The rules on the period for filing a petition for certiorari and the finality of decisions or resolutions were not followed.