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Tecson and Desiderio, Jr. vs COMELEC, Fernando Poe Jr, et al. [SEPARATE OPINION, J. AZCUNA ]

MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR., petitioners, vs. The COMMISSION ON ELECTIONS, RONALD ALLAN KELLY POE (a.k.a. FERNANDO POE, JR.) and VICTORINO X. FORNIER, respondents. [SEPARATE OPINION, J. AZCUNA ]

G.R. No. 161434 | 2004-03-03

SEPARATE OPINION

AZCUNA, J.:

"Present your evidence and don't be nervous . . . ."
- Alice in Wonderland
"[This gets] curioser and curioser . . . ."
- Through the Looking Glass

These are petitions that, directly or indirectly, seek to disqualify a candidate for the Presidency of the land.

Two of the petitions seek a direct action for this purpose, those of petitioners Tecson, et al., and Velez. These two petitions fail outright. The "contest" they rely on is as yet non-existing, since it refers to a situation when someone has been proclaimed a winner after the elections and his proclamation is challenged in a "contest." The provision in...