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Abraham Kahlil B. Mitra Vs. Commission on Elections, Antonio Vs. Gonzales and Orlando R. Balbon, Jr. [DISSENTING OPINION]

Abraham Kahlil B. Mitra, Petitioner, versus COMMISSION ON ELECTIONS, ANTONIO V. GONZALES, and ORLANDO R. BALBON, JR., Respondents.

G.R. No. 191938 | 2010-07-02

DISSENTING OPINION


VELASCO, JR., J.:

I register my dissent to the ponencia granting the petition.

The facts, as found by the Commission on Elections (COMELEC) First Division, are as follows:

Respondent Abraham Kahlil B. Mitra (for brevity, "Mitra") is the incumbent Representative of the Second District of Palawan which includes, among others, the Municipality of Aborlan and Puerto Princesa City. Mitra likewise admitted that he was a long time resident of Puerto Princesa City which domicile he abandoned in 2008 in favor of [the] Municipality of Aborlan.

On 26 March 2007, Puerto Princesa City ceased to be a component city of the Province of...