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Arturo Tolentino and Arturo Mojica vs Commission on Elections (COMELEC), Ralph Recto, et al (Dissenting Opinion of Justice Puno)

ARTURO M. TOLENTINO and ARTURO C. MOJICA, petitioners, vs. COMMISSION ON ELECTIONS, SENATOR RALPH G. RECTO and SENATOR GREGORIO B. HONASAN, respondents. [DISSENTING OPINION, J. PUNO]

G.R. No. 148334 | 2004-01-21

DISSENTING OPINION

PUNO, J.:

The case at bar transcends the political fortunes of respondent Senator Gregorio B. Honasan. At issue is the right of the people to elect their representatives on the basis and only on the basis of an informed judgment. The issue strikes at the heart of democracy and representative government for without this right, the sovereignty of the people is a mere chimera and the rule of the majority will be no more than mobocracy. To clarify and sharpen the issue, 1 shall first unfurl the facts.

I. Facts

The facts are undisputed. In February 2001, a Senate seat for a term expiring on June 30, 2004 was vacated with...