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Garcia and O'Hara vs. De Jesus and David and COMELEC [SEPARATE OPINION, DISSENTING OPINION, BIDIN, J.]

DANIEL GARCIA AND TEODORO O' HARA, PETITIONERS, VS. ERNESTO DE JESUS AND CECILIA DAVID, AND THE COMMISSION ON ELECTIONS, RESPONDENTS. G.R. NOS. 97108-09 MARCH 4, 1992 TOMAS TOBON UY, PETITIONERS, VS. COMMISSION ON ELECTIONS AND JOSE C. NEYRA, RESPONDENTS.

G.R. No. 97108-09 | 1992-03-04

BIDIN, J., dissenting:
 
With all due respect to the arguments advanced in the majority opinion penned by my esteemed colleague, Madame Justice Ameurfina Melencio-Herrera, it is my humble submission that the Commission on Elections is empowered to issue the assailed prerogative writs, hence, this dissent.
 
The majority opinion that in the absence of any specific conferment upon the COMELEC, either by the Constitution or by legislative fiat, the COMELEC, either by the Constitution or by legislative fiat, the COMELEC is bereft of jurisdiction to issue writs of certiorari, prohibition and mandamus.
 
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