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Simon B. Aldovino, Jr., Danilo B. Faller and Ferdinand N. Talabong Vs. Commission on Elections and Wilfredo F. Asilo [CONCURRING OPINION. J. LEONARDO-DE CASTRO]

SIMON B. ALDOVINO, JR., DANILO B. FALLER AND FERDINAND N. TALABONG, Petitioners, versus COMMISSION ON ELECTIONS AND WILFREDO F. ASILO, Respondents. [CONCURRING OPINION. J. LEONARDO-DE CASTRO]

G.R. No. 184836 | 2009-12-23

CONCURRING OPINION

LEONARDO-DE CASTRO, J.:

I concur with the well-written ponencia of Honorable Justice Arturo D. Brion which holds that "preventive suspension" is not equivalent to an "involuntary renunciation" of a public office for the purpose of applying Section 8, Article X of the Constitution. However, I wish to further elucidate my concurrence to the views of Justice Brion and give my reflections on the implications of the outcome of the case for which an elective public official is suspended pendente lite, which I believe is relevant to the issue on hand.

The aforementioned provision of Article X reads as follows:

Section 8. The term...