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Rodulfo Sarmiento vs. COMELEC (RESOLUTION) [CONCURRING AND DISSENTING OPINION, FELICIANO, J.]

RODULFO SARMIENTO, petitioner, vs. COMMISSION ON ELECTIONS, MUNICIPAL BOARD OF CANVASSERS OF VIRAC and JOSE "CITO" ALBERTO II, respondents.

G.R. No. 105628 | 1992-08-06

FELICIANO, J., concurring and dissenting:

I concur in the result reached by the majority in the captioned cases, i.e., the dismissal of the various Petitions for Certiorari in the cases disposed of by this Joint Resolution.

I am, however, compelled to dissent from the Joint Resolution to the extent that Resolution holds that the Comelec En Banc acted without jurisdiction, or with grave abuse of discretion, when it dismissed, for instance, the appeal from the Municipal Board of Canvassers of Cabusao, Camarines Sur, of petitioner Genova, among others, without first referring such appeal to either of its Divisions, and holding such dismissal as...