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Eleazar P. Quinto and Gerino A. Tolentino, Jr. Vs. Commission on Elections [DISSENTING OPINION, PUNO C.J.]

ELEAZAR P. QUINTO and GERINO A. TOLENTINO, JR., Petitioners, vs. COMMISSION ON ELECTIONS, Respondent

G.R. No. 189698 | 2009-12-01

DISSENTING OPINION


PUNO, C.J.:

The case at bar is a Petition for Certiorari and Prohibition with Prayer for Temporary Restraining Order and/or Writ of Preliminary Injunction seeking to nullify Section 4(a) of Resolution No. 8678 of the Commission on Elections (COMELEC) insofar as it decrees that "[a]ny person holding a public appointive office or position ... shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy."

I. 

On October 6, 2009, the COMELEC issued Resolution No. 8678[1] (Resolution 8678) which lays down the rules and guidelines on the filing of certificates of candidacy and...