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FACTS:
ISSUE:
HELD:
Conclusion
To recapitulate, Asilos 2004-2007 term was not
interrupted by the Sandiganbayan-imposed
preventive suspension in 2005, as preventive
suspension does not interrupt an elective
officials term. Thus, the COMELEC refused to
apply the legal command of Section 8, Article X
of the Constitution when it granted due course
to Asilos certificate of candidacy for a
prohibited fourth term. By so refusing, the
COMELEC effectively committed grave abuse of
discretion amounting to lack or excess of
jurisdiction; its action was a refusal to perform a
positive duty required by no less than the
Constitution and was one undertaken outside