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Tecson and Desiderio, Jr. vs. COMELEC, Fernando Poe Jr, et al. [CONCURRING OPINION, J. SANDOVAL-GUTIERREZ]

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. [CONCURRING OPINION, J. SANDOVAL-GUTIERREZ]

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

CONCURRING OPINION

SANDOVAL-GUTIERREZ, J.:

This Court has repeatedly stressed the importance of giving effect to the sovereign will in order to ensure the survival of our democracy. In cases where the sovereignty of the people is at stake, we must not only be legally right but also politically correct. We cannot fail by making the people succeed.[1] "In resolving election cases, a dominant consideration is the need to effectuate the will of the electorate x x x. We cannot frustrate this sovereign will on highly arguable technical considerations. In case of doubt, we should lean towards a rule that will give life to the people's political...