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Eleazar P. Quinto and Gerino A. Tolentino, Jr. Vs. Commission on Elections [DISSENTING OPINION, NACHURA J.]

ELEAZAR P. QUINTO and GERINO A. TOLENTINO, JR., Petitioners, vs. COMMISSION ON ELECTIONS, Respondent

G.R. No. 189698 | 2010-02-22

DISSENTING OPINION

NACHURA, J.:

I vote to maintain this Court's December 1, 2009 Decision. The automatic resignation rule on appointive government officials and employees running for elective posts is, to my mind, unconstitutional. I therefore respectfully register my dissent to the resolution of the majority granting the motion for reconsideration.

I earnestly believe that by this resolution, the majority refused to rectify an unjust rule, leaving in favor of a discriminatory state regulation and disregarding the primacy of the people's fundamental rights to the equal protection of the laws.

Let it be recalled that, on December 1, 2009, the...