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Simon B. Aldovino, Jr., Danilo B. Faller and Ferdinand N. Talabong Vs. Commission on Elections and Wilfredo F. Asilo. [CONCURRING OPINION, J. ABAD]

SIMON B. ALDOVINO, JR., DANILO B. FALLER AND FERDINAND N. TALABONG, Petitioners, versus COMMISSION ON ELECTIONS AND WILFREDO F. ASILO, Respondents. [CONCURRING OPINION, J. ABAD]

G.R. No. 184836 | 2009-12-23

SEPARATE CONCURRING OPINION

ABAD, J.:

I join the majority opinion and add a few thoughts of my own.

The Facts

Respondent Wilfredo F. Asilo won three consecutive elections as councilor of Lucena City, specifically from 1998 to 2001, from 2001 to 2004, and from 2004 to 2007. During his last term or on October 3, 2005, the Sandiganbayan ordered him placed under preventive suspension for ninety days in connection with a crime of which he had been charged. After about thirty-seven days, however, or on November 9, 2005, this Court lifted the order of suspension and allowed Asilo to resume the duties of his office.

Believing that his brief preventive...