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Zacarias A. Ticzon vs.COMELEC [DISSENTING OPINION, FERNANDO, C.J.]

ZACARIAS A. TICZON, petitioner, vs. COMMISSION ON ELECTIONS, respondent. / ZACARIAS A. TICZON, petitioner, vs. COMMISSION ON ELECTIONS, BOARD OF CANVASSERS OF SAN PABLO CITY and ANTONIO B. COSICO, respondents. CESAR P. DIZON, intervenor. / RAMON ARMEDILLA, petitioner vs. COMMISSION ON ELECTIONS and CESAR P. DIZON, respondents. [DISSENTING OPINION, FERNANDO, C.J.]

G.R. No. L-52451 | 1981-03-31

FERNANDO, C.J., dissenting:

It must be admitted that there is support for the conclusion reached based on the appraisal of the facts as set forth in the majority opinion penned with his usual clarity by Justice Aquino. It cannot be denied either that once there be acceptance of the proclamation of respondent Dizon, reliance on the now prevailing doctrine given full expression in Aguinaldo v. Commission on Elections leads to such a result. Nonetheless, I find myself unable to yield my assent in view of what I consider to be the failure of respondent Commission on Elections to heed and comply with a restraining order issued by this Court as...