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Sanidad etc. vs. Commission on Election etc. [CONCURRING OPINION, ANTONIO, J.]

ABLO C. SANIDAD AND PABLITO V. SANIDAD, PETITIONERS, VS. COMMISSION ON ELECTIONS, RESPONDENT. [G.R. NO. L-44684. OCTOBER 12, 1976] VICENTE M. GUZMAN, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT. [G.R. NO. L-44714. OCTOBER 12, 1976] RAUL M. GONZALES, RAUL T. GONZALES, JR., AND ALFREDO SALAPANTAN, PETITIONERS, VS. HONORABLE COMMISSION ON ELECTIONS AND HONORABLE NATIONAL TREASURER, RESPONDENTS.

G.R. No. L-44640 | 1976-10-12

CONCURRING OPINION
 
 
ANTONIO, J.:
 
I
 
 
At the threshold, it is necessary to clarify what is a "political question".  It must be noted that this device has been utilized by the judiciary "to avoid determining questions it is ill equipped to determine or that could be settled in any event only with the effective support of the political branches."[1] According to Weston, judges, whether "personal representatives of a truly sovereign king, or taking their seats as the creatures of a largely popular sovereignty speaking through a written constitution, derive their power by a delegation, which...