Back

Lakas ng Bayan vs. Commission on Election [CONCURRING AND DISSENTING OPINION, FERNANDO, J.]

LAKAS NG BAYAN (LABAN), PETITIONER, VS. COMMISSION ON ELECTIONS & NACIONALISTA PARTY, RESPONDENTS.

G.R. No. L-47883 | 1978-03-25

CONCURRING AND DISSENTING OPINION
 
FERNANDO, J.:
 
The ably-written opinion of Justice Barredo for the Court rests on a conception of law that takes into account the realities of the situation and the need for adjusting to the demands of the new forces at work in the political milieu. With due recognition of its force, persuasiveness, and clarity, I would like to view the matter before us in the light of traditional doctrines and what, for me at least, are applicable precedents. While the result reached compels acceptance on my part, I would qualify the dismissal of this certiorari and prohibition petition with instruction to...