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Mayor Gamal S. Hayudini Vs. Commission on Elections and Mustapha J. Omar [Concurring and Dissenting Opinion J. Brion]

(MAYOR GAMAL S. HA YUDINI vs. COMMISSION ON ELECTIONS AND MUSTAPHA J. OMAR) [Concurring and Dissenting Opinion J. Brion]

G.R. No. 207900. | 2014-04-22

 

CONCURRING AND DISSENTING OPINION

 

With all due respect to the Ponente of the decision in the abovequoted case, I concur  in the disposition of the instant case affirming the resolution of the Commission on Elections (COMELEC) En Banc in so far as it affirmed the cancellation of petitioner Gamal S. Hayudini's Certificate of Candidacy (CoC) and the proclamation by COMELEC of Salma A. Omar as duly elected Mayor of South Ubian, Tawi-Tawi. I take exception, however, to the sweeping opinion in the ponencia that "whether a certificate  of candidacy is cancelled before or after the...