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Abayon vs. COMELEC [SEPARATE OPINION, DISSENTING, NACHURA, J.]

HARLIN CASTILLO ABAYON, Petitioner, versus COMMISSION ON ELECTIONS and RAUL A. DAZA, Respondents.

G.R. No. 181295 | 2009-04-02

DISSENTING OPINION

NACHURA, J.:

With due respect, I am constrained to register my dissent because I earnestly believe that the ponencia would validate serious statutory and procedural errors committed by the Commission on Elections (COMELEC).

 
 
Factual and Procedural Antecedents

To appreciate the full panoply of events that gave rise to this controversy, it is necessary to recall the following undisputed relevant facts and proceedings:

After the May 14, 2007 elections for Provincial Governor in Northern Samar in which Harlin Castillo Abayon (Abayon) and Raul A. Daza (Daza) were candidates, the former filed five (5)...