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Senator Benigno Simeon C. Aquino III and Mayor Jesse Robredo vs. Commission on Elections (COMELEC) [CONCURRING AND DISSENTING OPINION, CARPIO MORALES, J.]

SENATOR BENIGNO SIMEON C. AQUINO III and MAYOR JESSE ROBREDO, Petitioners, versus COMMISSION ON ELECTIONS represented by its Chairman JOSE A.R. MELO and its Commissioners, RENE V. SARMIENTO, NICODEMO T. FERRER, LUCENITO N. TAGLE, ARMANDO VELASCO, ELIAS R. YUSOPH AND GREGORIO LARRAZABAL, Respondents

G.R. No. 189793 | 2010-04-07

CONCURRING AND DISSENTING OPINION

CARPIO MORALES, J.

I concur with the ponencia's discussion on the procedural issue.

"Transcendental importance" doctrine aside, petitioners have the requisite locus standi. Petitioners are suing not only as lawmakers but as taxpayers and citizens as well. At the initiative of a taxpayer, a statute may be nullified, on the supposition that expenditure of public funds for the purpose of administering an unconstitutional act constitutes a misapplication of such funds.[1] Republic Act No. 9716 (R.A. 9716) mandates the creation of another legislative district and indubitably involves the expenditure...