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

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

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

DAVIDE, JR., J., dissenting: 

In sustaining the COMELEC's acts of suspending the proclamation of petitioner Agapito A. Aquino and of proceeding to hear the disqualification case against him, the majority opinion relies on Section 6 of R.A. No. 6646 which it claims to be applicable by virtue of Section 7 thereof to petitions to deny due course to or cancel a certificate of candidacy under Section 78 of the Omnibus Election Code (B.P. Blg. 881). 

I disagree. 

In the first place, the petition to disqualify the petitioner in SPA No. 95-113 is not a petition to deny due course to or cancel a certificate of candidacy under Section...