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Mayor Gamal S. Hayudini Vs. Commission on Elections and Mustapha J. Omar[ [Concurring and Dissenting OpinionJ. Leonardo-De Castro]

G.R. No. 207900 (MAYOR GAMAL S. HA YUDINI vs. COMMISSION ON ELECTIONS AND MUSTAPHA J. OMAR) [Concurring and Dissenting OpinionJ. Leonardo-De Castro]

G.R. No. 207900. | 2014-04-22

CONCURRING AND DISSENTING OPINION

 

With all due respect to the Ponente of the decision in the abovequoted case, I concur in the disposition of the instant case affirming the resolution of the Commission on Elections (COMELEC) En Banc in so far as it affirmed the cancellation of petitioner Gamal S. Hayudini's Certificate of Candidacy (CoC) and the proclamation by COMELEC of Salma A. Omar as duly elected Mayor of South Ubian, Tawi-Tawi. I take exception, however, to the sweeping opinion in the ponencia that "whether a certificate of candidacy is cancelled before or after the elections is...