Login or sign up Lost password?
Login or sign up
For the reasons set forth below, I concur with Justice Jose Portugal Perez, and am herein expounding in detail the reasons for such concurrence. No but, if you know that your opponent is not elected or suppose ... These positions must be squarely addressed; hence this extended opinion is inevitable. COMELEC,83 this Court held that COMELEC's use of wrong or irrelevant considerations in the resolution of an issue constitutes grave abuse of discretion: As a concept, "grave abuse of discretion" defies exact definition; generally, it refers to "capricious or whimsical exercise of judgment as is equivalent to lack of jurisdiction;" the abuse of discretion must be patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility. (Emphases supplied) Respondents, however, insist that petitioner committed false material representation when she declared in her 2015 Co C that she is a natural-born Filipino and that she is a resident of this country for more than 10 years prior to the May 9, 2016 elections.