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

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. DAVIDE, JR.]

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

SEPARATE OPINION

DAVIDE, JR. C.J.:

The procedural and factual antecedents of these consolidated cases are as follows:

On 9 January 2004, petitioner Victorino X. Fornier filed with public respondent Commission on Elections (COMELEC) a petition to disqualify private respondent Fernando Poe, Jr. (FPJ) and to deny due course to or cancel his certificate of candidacy for the position of President in the forthcoming 10 May 2004 presidential elections. As a ground therefore, he averred that FPJ committed falsity in a material representation in his certificate of candidacy in declaring that he is a natural-born Filipino citizen when in truth...