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Rivera etc. vs. Commission on Election etc. [CONCURRING AND DISSENTING OPINION, LEONEN, J.]

BIBIANO C. RIVERA AND LUIS K. LOKIN, JR., PETITIONERS, VS. COMMISSION ON ELECTIONS (COMELEC), THE SECRETARY-GENERAL OF THE HOUSE OF REPRESENTATIVES, SHERWIN N. TUGNA AND CINCHONA C. CRUZ-GONZALES, RESPONDENTS. [G.R. NO. 213069] CITIZENS' BATTLE AGAINST CORRUPTION (CIBAC) FOUNDATION AS REPRESENTED BY JESUS EMMANUEL L. VARGAS, PETITIONER, VS. CIBAC NATIONAL COUNCIL AS REPRESENTED BY EMMANUEL JOEL VILLANUEVA, AND THE COMMISSION ON ELECTIONS (COMELEC), RESPONDENTS.

G.R. No. 210273 | 2016-04-19

CONCURRING AND DISSENTING OPINION

LEONEN, J.:

I concur with the ponencia in holding that the consolidated Petitions must be dismissed. More particularly, I concur in holding that the Petition for Quo Warranto (docketed as G.R. No. 213069) directly filed before this court by petitioner Citizens' Battle Against Corruption (CIBAC) Foundation should be dismissed for lack of jurisdiction. This Petition is not within this Court's original jurisdiction. Instead, it falls under the exclusive jurisdiction of the House of Representatives Electoral Tribunal.

However, I express my reservations on the reference to a list of three (3)...