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Sotero Olfato vs. COMELEC, et al. [CONCURRING AND DISSENTING OPINION, FERNANDO, C.J.]

SOTERO OLFATO, MAURO V. BARADAS, CIRIACO L. PADILLA, MANUEL S. GONZALES, CECILIO F. HERNANDEZ, LUCIO P. MENDOZA, JR., BENEDICTO C. MAGSINO, and BIENVENIDO P. TRINIDAD, petitioner vs. COMMISSION ON ELECTIONS and FRANCISCO E. LIRIO, respondents. [CONCURRING AND DISSENTING OPINION, FERNANDO, C.J.]

G.R. No. L-52749 | 1981-03-31

FERNANDO, C.J., concurring and dissenting:

It would not be difficult to yield concurrence to the opinion of the Court, both scholarly and comprehensive, penned with such painstaking care by Justice Makasiar, with its meticulous appraisal of previous decisions. There is, however, an obstacle posed by the doctrine, now accepted as our basic policy in resolving controversies arising from the 1980 elections enunciated in a unanimous decision, Aguinaldo v. Commission on Elections. 1 Thus: "Since Venezuela v. Commission on Elections, this Court has invariably adhered to the principle that after the holding of the January 30, 1980 election, and...