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Kida vs. Senate of the Philippines [DISSENTING OPINION, VELASCO, JR., J.]

DATU MICHAEL ABAS KIDA, in his personal capacity, and in representation of MAGUINDANAO FEDERATION OF AUTONOMOUS IRRIGATORS ASSOCIATION, INC., HADJI MUHMINA J. USMAN, JOHN ANTHONY L. LIM, JAMILON T. ODIN, ASRIN TIMBOL JAIYARI, MUJIB M. KALANG, ALIH AL-SAIDI J. SAPI-E, KESSAR DAMSIE ABDIL, and BASSAM ALUH SAUPI, Petitioners, vs. SENATE OF THE PHILIPPINES, represented by its President JUAN PONCE ENRILE, HOUSE OF REPRESENTATIVES, thru SPEAKER FELICIANO BELMONTE, COMMISSION ON ELECTIONS, thru its Chairman, SIXTO BRILLANTES, JR., PAQUITO OCHOA, JR., Office of the President Executive Secretary, FLORENCIO ABAD, JR., Secretary of Budget, and ROBERTO TAN, Treasurer of the Philippines, Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 196305 BASARI D. MAPUPUNO, Petitioner, vs. SIXTO BRILLANTES, in his capacity as Chairman of the Commission on Elections, FLORENCIO ABAD, JR. in his capacity as Secretary of the Department of Budget and Management, PACQUITO OCHOA, JR., in his capacity as Executive Secretary, JUAN PONCE ENRILE, in his capacity as Senate President, and FELICIANO BELMONTE, in his capacity as Speaker of the House of Representatives, Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 197221 REP. EDCEL C. LAGMAN, Petitioner, vs. PAQUITO N. OCHOA, JR., in his capacity as the Executive Secretary, and the COMMISSION ON ELECTIONS, Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 197280 ALMARIM CENTI TILLAH, DATU CASAN CONDING CANA, and PARTIDO DEMOKRATIKO PILIPINO LAKAS NG BAYAN (PDP-LABAN), Petitioners, vs. THE COMMISSION ON ELECTIONS, through its Chairman, SIXTO BRILLANTES, JR., HON. PAQUITO N. OCHOA, JR., in his capacity as Executive Secretary, HON. FLORENCIO B. ABAD, JR., in his capacity as Secretary of the Department of Budget and Management, and HON. ROBERTO B. TAN, in his capacity as Treasurer of the Philippines, Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 197282 ATTY. ROMULO B. MACALINTAL, Petitioner, vs. COMMISSION ON ELECTIONS and THE OFFICE OF THE PRESIDENT, through EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 197392 LUIS "BAROK" BIRAOGO, Petitioner, vs. THE COMMISSION ON ELECTIONS and EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 197454 JACINTO V. PARAS, Petitioner, vs. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., and the COMMISSION ON ELECTIONS, Respondents. x - - - - - - - - - - - - - - - - - - - - - - -x MINORITY RIGHTS FORUM, PHILIPPINES, INC., Respondents-Intervenor.

G.R. No. 196271 | 2011-10-18

DISSENTING OPINION
 
VELASCO, JR., J.:
 
I join Justice Carpio’s dissent and agree that the "[C]ongress’ power to provide for the simultaneous holding of elections for national and local officials x x x does not encompass the power to authorize the President to appoint officers-in-charge in place of elective officials x x x. To hold otherwise is to sanction the perversion of the Philippine State’s democratic and republican nature," and so sustain the holdover of the incumbent ARMM officials pending the election and qualification of their successors.
 
At bar are original actions assailing the...