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Sotero Olfato vs. COMELEC, et al. [DISSENTING OPINION, TEEHANKEE, J.]

SOTERO OLFATO, MAURO V. BARADAS, CIRIACO L. PADILLA, MANUEL S. GONZALES, CECILIO F. HERNANDEZ, LUCIO P. MENDOZA, JR., BENEDICTO C. MAGSINO, and BIENVENIDO P. TRINIDAD, petitioners vs. COMMISSION ON ELECTIONS and FRANCISCO E. LIRIO, respondents. [DISSENTING OPINION, TEEHANKEE, J.]

G.R. No. L-52749 | 1981-03-31

TEEHANKEE, J., dissenting:

In the last elections held over a year ago on January 30, 1980 for the mayoralty of the town of Tanauan, Batangas, petitioner Sotero Olfato, oppositionist candidate (NP), with his ticket defeated the KBL ticket led by then incumbent mayor-respondent Francisco E. Lirio with a margin of 1,579 votes out of 29,007 votes cast. Olfato with his co-petitioners were proclaimed on February 5, 1980. Lirio filed on February 2, 1980 and February 9, 1980 his original and "supplementary" petitions with the Comelec for suspension or annulment of canvass and proclamation of the winners on the grounds of alleged "terrorism and...