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Agapito A. Aquino vs. Commission On Elections (COMELEC) [CONCURRING AND DISSENTING OPINION, FRANCISCO, J.]

AGAPITO A. AQUINO, petitioner, vs. COMMISSION ON ELECTIONS, MOVE MAKATI, MATEO BEDON and JUANITO ICARO, respondents.

G.R. No. 120265 | 1995-09-18

FRANCISCO, J., concurring and dissenting: 

I concur with the well written ponencia of my most esteemed colleague, Mr. Justice Kapunan. I wish, however, to express my views on some issues raised by the petitioner, viz., (1) jurisdiction over the disqualification suit, (2) domicile, (3) theory of legal impossibility, and (4) "second placer rule". 

Petitioner emphatically maintains that only the House of Representatives Electoral Tribunal (HRET) can declare his disqualification, especially after the elections. To bolster this stand, the cases of Co v. HRET, 199 SCRA 692 (1991); Robles v. HRET, 181 SCRA 780 (1990); Lazatin v. HRET,...