Consistent with his previous stand, Commissioner Sarmiento again dissented[17] from the 30 January 2008 Resolution of the COMELEC en banc. He still believed that Andanar was not able to adduce substantial evidence that would support the claim of violation of election laws. Particularly, Commissioner Sarmiento accepted Peneras explanation that the motorcade conducted after the filing by Penera and the other candidates of their COCs was merely part of the dispersal of the spontaneous gathering of their supporters. The incident was only in accord with normal human social experience. Still undeterred, Penera filed the instant Petition before us, praying that the Resolutions dated 24 July 2007 and 30 January 2008 of the COMELEC Second Division and en banc, respectively, be declared null and void for having been issued with grave abuse of discretion amounting to lack or excess of jurisdiction. In a Resolution[18] dated 4 March 2008, we issued a Temporary Restraining Order (TRO), enjoining the COMELEC from implementing the assailed Resolutions, on the condition that Penera post a bond in the amount of P5,000.00. We also directed COMELEC and Andanar to comment on the instant Petition. After the COMELEC, through the Office of the Solicitor General (OSG), and Andanar filed their respective Comments[19] on the Petition at bar, we required Penera, in a Resolution[20] dated 17 June 2008, to file a Reply. However, as no Reply was filed in due time, we dismissed Peneras Petition in a Resolution[21] dated 14 October 2008, in accordance with Rule 56, Section 5(e) of the Rules of Court. [22] Penera subsequently filed an Ex Parte Motion to Admit Reply,[23] which we treated as a Motion for Reconsideration of the Resolution dated 14 October 2008. On 11 November 2008, we issued another Resolution reinstating Peneras Petition.[24]

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