In a 12-page decision, the Comelec dismissed Congco’s petition to annul the Jan. 21 order of Regional Trial Court Branch 87 Judge Victoriano Cabanos junking her omnibus motion against the electoral protest filed by her rival, businesswoman Abundia Garcia.
The dismissal of Congco’s petition has paved the way for the resumption of the revision and recount of votes which the poll body stopped last March 18.
The Comelec ordered Cabanos to resolve with dispatch the poll protest to determine the real winner in the May 2004 mayoral race.
"Considering that the election case is imbued with public interest, its resolution must be resolved without delay," it said. — Manny Galvez