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Arroyo vs. DOJ [SEPARATE CONCURRING OPINION, MENDOZA, J.]

JOSE MIGUEL T. ARROYO, Petitioner versus DEPARTMENT OF JUSTICE; COMMISSION ON ELECTIONS; HON. LEILA DE LIMA, in her capacity as Secretary of the Department of Justice; HON. SIXTO BRILLANTES, .JR., in his capacity as Chairperson of the Commission on Elections; and the JOINT DO.J-COMELEC PRELIMINARY INVESTIGATION COMMITTEE and FACT-FINDING TEAM, Respondents. and BENJAMIN S. ABALOS, SR., Petitioner, versus HON. LEILA DE LIMA, in her capacity as Secretary of Justice; HON. SIXTO S. BRILLANTES, JR., in his capacity as COMELEC Chairperson; RENE V. SARMIENTO, LUCENJTO N. TAGLE, ARMANDO V. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM AND AUGUSTO C. LAGMAN, in their capacity as COMELEC COMMISSIONERS; CLARO A. ARELl.ANO, GEORGE C. DEE, JACINTO G. ANG, ROMEO B. FORTES AND MICHAEL D. VILLARET, in their capacity as CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE JOINT DO.J-COMELEC PRELIMINARY INVESTIGATION COMMITTEE ON THE 2004 AND 2007 ELECTION FRAUD Respondents. and GLORIA MACAPAGAL - ARROYO, Petitioner, versus COMMISSION ON ELECTIONS, represented by Chairperson SIXTO S. Brillantes by Secretary Leila M. De Lima, JOINT DO.J - COMELEC, PRELIMINARY INVESTIGATION COMMITTEE, SENATOR AQUILINO M. PIMENTEL, III. and DO.J - COMELEC FACT FINDING TEAM, Respondents.

G.R. No. 199082/G.R. No. 199085/G.R. No. 199118 | 2012-09-18

SEPARATE CONCURRING OPINION
 
MENDOZA, J.:
 
 
I am in agreement with the ponencia that the arraignment if petitioner Gloria Macapagal Arroyo (GMA), on her very own motion, is tantamount to her submission to the jurisdiction of the trial court. The entry of her plea of not guilty to the crime of electoral sabotage can only be deemed as a waiver of her right to question the alleged irregularities committed during the preliminary investigation conducted by the Joint DOJ-COMELEC Preliminary Investigation Committee, headed by the Prosecutor General (Joint Committee) and/or Comelec. Consequently, her own actions rendered the...