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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]

EN BANC

G.R. No. L-52451 March 31, 1981

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.ℒαwρhi৷ 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.


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