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Mendoza vs. Commission on Election and Pagdanganan [SEPARATE OPINION , CARPIO MORALES, J.]

JOSELITO R. MENDOZA, PETITIONER, VS. COMMISSION ON ELECTIONS AND ROBERTO M. PAGDANGANAN, RESPONDENTS.

G.R. No. 191084 | 2010-03-25

SEPARATE OPINION


CARPIO MORALES, J.:

I proffer my opinion on four issues indicated below as sub-headings in interrogative form. The ponencia of Justice Jose Perez glosses over the first and second questions, into which I opt to delve and to which I answer in the negative. I register my dissent on the third issue. As to the fourth issue, I concur in the finding that the Commission on Elections (Comelec) abdicated its positive duty.

Is petitioner guilty of forum shopping?

Forum shopping is defined in Santos v. Comelec[1] as "an act of a party, against whom an adverse judgment or order has been rendered in one forum, of seeking and...