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Daniel Garcia, Et Al. Vs. De Jesus, David & COMELEC [DISSENTING OPINION, BIDIN J.]

DANIEL GARCIA and TEODORO O'HARA, petitioners, vs. ERNESTO DE JESUS and CECILIA DAVID, and THE COMMISSION ON ELECTIONS, respondents.

G.R. No. 88158 | 1992-03-04

Separate Opinions

BIDIN, J., dissenting:

With all due respect to the arguments advanced in the majority opinion penned by my esteemed colleague, Madame Justice Ameurfina Melencio-Herrera, it is my humble submission that the Commission on Elections is empowered to issue the assailed prerogative writs, hence, this dissent.

The majority opinion holds that in the absence of any specific conferment upon the COMELEC, either by the Constitution or by legislative fiat, the COMELEC is bereft of jurisdiction to issue writs of certiorari, prohibition and mandamus.

The ponencia further maintains the proposition that "(i)n the Philippine setting, the...