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Mohammad Ali Dimaporo Vs. Ramon V. Mitra, Jr., Et Al. [ SEPARATE OPINIONS ]

MOHAMMAD ALI DIMAPORO, petitioner, vs. HON. RAMON V. MITRA, JR., Speaker, House of Representatives, and (HON. QUIRINO D. ABAD SANTOS, JR.) HON. CAMILO L. SABIO, Secretary, House of representatives, respondents. Rilloraza, Africa, De Ocampo & Africa and Enrique M. Fernando for petitioner.

G.R. No. 96859 | 1991-10-15

Separate Opinions

GUTIERREZ, JR., J., dissenting:

I am constrained to dissent from the majority opinion.

I believe that the Speaker and the Secretary of the House of Representatives have no power, in purported implementation of an invalid statute, to erase from the Rolls of the House the name of a member duly elected by his sovereign constituents to represent them in Congress.

The rejection of the bid of the Honorable Mohammad Ali Dimaporo to retain his seat in Congress may appear logical, politically palatable, and salutary to certain quarters. But I submit that it is in cases like the present petition where the Court should be vigilant in...