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Imelda Romualdez-Marcos vs. Commission On Elections (COMELEC) [SEPARATE OPINION, MENDOZA, J.]

IMELDA ROMUALDEZ-MARCOS, petitioner, vs. COMMISSION ON ELECTIONS and CIRILO ROY MONTEJO, respondents.

G.R. No. 119976 | 1995-09-18

MENDOZA, J., separate opinion: 

In my view the issue in this case is whether the Commission on Elections has the power to disqualify candidates on the ground that they lack eligibility for the office to which they seek to be elected. I think that it has none and that the qualifications of candidates may be questioned only in the event they are elected, by filing a petition for quo warranto or an election protest in the appropriate forum, not necessarily in the COMELEC but, as in this case, in the House of Representatives Electoral Tribunal. That the parties in this case took part in the proceedings in the COMELEC is of no moment. Such...