Supreme Court · En Banc
0Justice Abad Santos Dissenting Opinion Justice Melencio-Herrera
En Banc
[ G.R. No. L-52451, March 31, 1981 ]
♦ Decision, Aquino, [J] ♦ Concurring Opinion, De Castro, [J] ♦ Dissenting Opinion, Fernando, [CJ] ♦ Dissenting Opinion, Teehankee, [J] ♦ Dissenting Opinion, Abad Santos, [J] ♦ Dissenting Opinion, Melencio-Herrera, [J] ZACARIAS A. TICZON, petitioner,
vs.
COMMISSION ON ELECTIONS, respondent.
G.R. No. L-52678 March 31, 1981
ZACARIAS A. TICZON, petitioner,
vs.
COMMISSION ON ELECTIONS, BOARD OF CANVASSERS OF SAN PABLO CITY and ANTONIO B. COSICO, respondents,
CESAR P. DIZON, intervenor.
G.R. No. L-53393 March 31, 1981
RAMON ARMEDILLA, petitioner,
vs.
COMMISSION ON ELECTIONS and CESAR P. DIZON, respondents.
Separate Opinions
ABAD SANTOS, J., dissenting.:
I vote to grant the petitions. I join Justice Melencio-Herrera's dissent except for the last paragraph thereof. This is another instance where the Commission on Elections did not live up to the high expectations of the people and of this Court. The vast powers entrusted to the COMELEC by the Constitution and statutes should have given it a sober sense of responsibility. Instead it has even dealt unfairly with this Court. Add to this its flip-flopping resolutions and we have a constitutional body whose credibility has been seriously eroded.
Zacariaz A. Ticzon appears to have obtained the plurality of votes over Cesar P. Dizon for the office of the mayor of San Pablo City. He should be proclaimed the winner and accordingly allowed to hold office. Thereafter, Dizon can file the appropriate proceedings to test Ticzon's title to the office on the alleged ground of turncoatism if he is so minded.