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[G.R. No. 163686. March 28, 2006]

PARTY-LIST ALAGAD, BERNIE F. CRUZ, JESUS C. BUDAC, JR., ARIEL C. GO, CARL DE GUZMAN AND MITAMAN S. NATANGCOP, PETITIONERS, versus THE COMMISSION ON ELECTIONS, DIOGENES S. OSABEL AND RODANTE D. MARCOLETA, RESPONDENTS

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated MAR. 28, 2006

G.R. No. 163686 (PARTY-LIST ALAGAD, BERNIE F. CRUZ, JESUS C. BUDAC, JR., ARIEL C. GO, CARL DE GUZMAN and MITAMAN S. NATANGCOP, petitioners, versus THE COMMISSION ON ELECTIONS, DIOGENES S. OSABEL and RODANTE D. MARCOLETA, respondents.)

After examining the records of this case, the Court observed that there are factual matters that should have been determined by the COMELEC En Banc before it rendered its assailed Resolution in SPA No. 04-153. These are:

1.� Who convened the meeting of the Executive Committee of the Party-List ALAGAD on January 24, 2004 resulting in the adoption/issuance of Resolusyon Blg. 01, Serye ng 2004 (Reorganisasyon ng Pamunuan ng ALAGAD Party-List)? What was the purpose of such meeting?

2�� Who convened the meeting of the same Executive Committee on February 10, 2004 that resulted in the adoption/issuance of Resolusyon Blg. 02, Serye ng 2004 (Pagpili ng Limang [5] Nominees ng ALAGAD Party-List at Pagsumite sa COMELEC sa Lalong Madaling Panahon )?

3.� Did ALAGAD hold a National Congress on March 6, 2004?

3.a. If so, what was its purpose?

3.b. Was there a Resolution passed by the National Congress revoking the twin Resolusyon Blg. 01 and Resolusyon Blg. 02?

3.c. Was there also a Resolution passed by the same Congress selecting the five (5) nominees of the party to be submitted to the COMELEC for the May 10, 2004 national and local elections?

3.d. Who were the officers/members of the party who approved such Resolutions, if the same were passed?

WHEREFORE, the Resolution dated June 2, 2004 of the COMELEC En Banc in SPA No. 04-153 is vacated. Considering that this Court is not a trier of facts, this case is REMANDED to the COMELEC En Banc for further proceedings and to decide the same in accordance with the evidence presented before it by the parties.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court

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