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Miranda vs. Abaya and The Commission On Elections [DISSENTING OPINION, PANGANIBAN, J.]

JOEL G. MIRANDA, petitioner, vs. ANTONIO M. ABAYA and the COMMISSION ON ELECTIONS, respondents.

G.R. No. 136351 | 1999-07-28

DISSENTING OPINION


PANGANIBAN, J.:
 
I appreciate the scholarly disquisition of the majority led by my distinguished brother, Justice Jose A. R. Melo, explaining the difference between the "disqualification" of a candidate and the "cancellation" of his certificate of candidacy. The majority holds that, under Section 77 of the Omnibus Election Code, there are only three instances in which a candidate may be "substituted," and these are "death, withdrawal or disqualification" of such candidate. Inasmuch as the certificate of candidacy of petitioner's father, Jose "Pempe" Miranda, was...