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[G.R. Nos. 147589. November 18, 2003]

vs. COMELEC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 18 2003.

G.R. Nos. 147589 and 147613 (Ang Bagong Bayani-OFW Labor Party et al., vs. Commission on Elections et al.)

After careful deliberation, the Court RESOLVES to DENY the Motion for Reconsideration of NCIA for the reasons contained in the Comment of both the Office of the Solicitor General and ABANSE! PINAY. Furthermore, the grant of the Motion would mean the possible nullification of the Commission on Elections' proclamation of ABANSE! PINAY's nominee, Patricia M. Sarenas, who has already taken her oath, assumed office and is now discharging her functions as a member of the House of Representatives. Such nullification cannot be granted in these proceedings by means of a mere motion.

In any event and without passing upon the merit of this recourse, NCIA has already filed with the House of Representatives Electoral Tribunal (HRET) an Election Protest (Ex Abundante Cautela) praying for the annulment of ABANSE! PINAY's proclamation and the upholding of NCIA's alleged victory.

This denial is FINAL .

Very truly yours,

(Sgd.)LUZVIMINDA D. PUNO
Clerk of Court

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