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Noli M. Venezuela vs. Commission on Elections, et al.

NOLI M. VENEZUELA, petitioner, vs. COMMISSION ON ELECTIONS, and ARTEMIO R. SALDIVAR, respondents.

G.R. No. 53532 | 1980-07-25

D E C I S I O N


FERNANDO, J.:

Once again, what was characterized in Reyes v. Commission on Elections 1 an "innovative and mandatory" provision 2 of the Constitution, prohibiting the change of party affiliation by an elective officer during the term for which he was elected, is invoked in this appeal by certiorari. A peculiar feature, however, was that such a question was not raised until after the election, to be more precise, on February 6, 1980, the first petition for disqualification being based on private respondent Artemio R. Saldivar facing three criminal charges before the Sandiganbayan. 3 As admitted by petitioner-appellant,...