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

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. [DISSENTING OPINION, J. CARPIO]

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

DISSENTING OPINION

CARPIO, J.:

I dissent from the majority opinion.

The Antecedent Proceedings

Petitioner Fornier filed before the Commission on Elections ("Comelec") a "Petition for Disqualification of Presidential Candidate Ronald Allan Kelley Poe a.k.a. Fernando Poe, Jr." on the ground that Fernando Poe, Jr. ("FPJ") is not a natural-born Philippine citizen. The Comelec First Division dismissed the petition, ruling that petitioner failed to present substantial evidence that FPJ committed "any material misrepresentation when he stated in his Certificate of Candidacy that he is a natural-born citizen." On motion for reconsideration,...