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EN BANC[G.R. No. 163193.June 15, 2004]SIXTO S. BRILLANTES, JR.petitioner, vs.JOSE CONCEPCION, JR., JOSE DE VENECIA, EDGARDO J. ANGARA, DR. JAIME Z. GALVEZ, TAN, FRANKLIN M. DRILON, FRISCO SAN JUAN, NORBERTO M. GONZALES, HONESTO M. ISLETA, AND JOSE A. BERNAS,petitioners-in-intervention, vs.COMMISSION ON ELECTIONS,respondent.D E C I S I O NCALLEJO, SR.,J.:Before us is the petition forcertiorariand prohibition under Rule 65 of the Rules of Court filed by Atty. Sixto S. Brillantes, Jr., a voter and taxpayer, seeking to nullify, for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction, Resolution No. 6712 dated April 28, 2004 approved by the Commission on Elections (COMELEC)En Banccaptioned GENERAL INSTRUCTIONS FOR THE ELECTRONIC TRANSMISSION AND CONSOLIDATION OF ADVANCED RESULTS IN THE MAY 10, 2004 ELECTIONS.[1]The petitioner, likewise, prays for the issuance of a temporary restraining order and, after due proceedings, a writ of prohibition to permanently enjoin the respondent COMELEC from enforcing and implementing the questioned resolution.After due deliberation, the Court resolved to require the respondent to comment on the petition and to require the parties to observe thestatusquoprevailing before the issuance by the COMELEC of the assailed resolution.The parties were heard on oral arguments on May 8, 2004.The respondent COMELEC was allowed during the hearing to make a presentation of the Electronic Transmiss ...


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