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Nueno vs. Angeles [SEPARATE OPINION, DISSENTING, HILADO, J.]

JOSE TOPACIO NUENO, MANUEL DE LA FUENTE, EUSTAQUIO C. BALAGTAS, and DELIA C. DI?O, petitioners, vs. GERARDO ANGELES, AGATON EVANGELISTA, ANDRES SANTA MARIA, VICENTE G. CRUZ, AMADO V. HERNANDEZ and FELICIDAD MANUEL, respondents.

G.R. No. L-89 | 1946-02-01

HILADO, J., dissenting:
 
We dissent. As stated in the majority opinion, petitioners Jose Topacio Nueno, Manuel de la Fuente, and Eustaquio Balagtas, together with Carmen Planas and six others, were elected members of the Municipal Board of the City of Manila in the general elections of December 10, 1940, all of them qualifying on January 1, 1941. Thereafter, Jose Topacio Nueno and Carmen Planas resigned to run for seats in the House of Representatives in the national elections held on November 14, 1941, but were defeated. After those elections, the President of the Philippines appointed petitioner Nueno to fill the vacancy...