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Eleazar P. Quinto and Gerino A. Tolentino, Jr. Vs. Commission on [DISSENTING OPINION, CARPIO MORALES J.]

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

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

DISSENTING OPINION

CARPIO MORALES, J.

I dissent from the majority opinion which declares as unconstitutional the second proviso in the third paragraph of Section 13 of Republic Act No. 9369 (January 23, 2007) and Section 66 of Batas Pambansa Blg. 881 (December 3, 1985) or the Omnibus Election Code, respectively quoted as follows:

SEC. 13. Section 11 of Republic Act No. 8436 is hereby amended to read as follows:

Sec. 15. x x x

x x x Provided, finally, That any person holding a public appointive office or position, including active members of the armed forces, and officers, and employees in government-owned or-controlled corporations, shall be...