x - - - - - - - - - - - - - - - - - - - - - - - x G. We should not only welcome electoral competition, we should cherish it. We have seen Edsa I and Edsa II, thus, we know that when democracy operates as intended, an aroused public can replace those who govern in a manner beyond the parameters established by public consent.2 x x x x When the people vote on May 10 and cast their ballots for President, they will be exercising a sovereign right. When they vote, they will consider a myriad of issues, some relevant, others trivial, including the eligibility of the candidates, their qualities of leadership, their honesty and sincerity, perhaps including their legitimacy. After the election, and only after, and that is what the Constitution mandates, the election of whoever is proclaimed winner may be challenged in an election contest or a petition for quo warranto. However, given the factual milieu of this case and its significance to the upcoming electoral exercise, I am likewise mindful of the duty of the Court to allay the doubts created by the COMELEC ruling in the minds of the voting public. - x x x Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this code, unless said person has waived his status as permanent resident or immigrant of a foreign country in accordance with the residence requirement provided for in the election laws. 2927 (or The Naturalization Law, enacted on March 26, 1920), as amended. Here, petitioner wants to run for the Presidency in the 2016 elections and claims in her 2015 Co C that she possesses the five qualifications set forth in Section 2, Article VII of the 1987 Constitution which states: Section 2. The present bid to disqualify respondent Poe from the presidential race is a clear attempt to eliminate him as one of the choices. The right to choose is the single factor that controls the ambitions of those who would impose through force or stealth their will on the majority of citizens. Consequently, I believe that it is no longer necessary for us to decide questions pertaining to petitioner's qualifications. 300 Entitled "An Act To Provide For The Acquisition Of Philippine Citizenship By Naturalization, And To Repeal Acts Numbered Twenty-Nine Hundred And Twenty-Seven And Thirty-Four Hundred and Forty-Eight", enacted on June 17, 1939. 63, as worded, provides that the procedure for re-acquisition of Philippine citizenship by naturalization shall be in accordance with the procedure for naturalization under Act No. 302 AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL BORN FILIPINOS. The Commission on Immigration and Deportation shall thereupon cancel their certificate of registration. 725 is similar to the repatriation procedure under Section 4 of CA No. 473 shall not be required; and (2) the applicant be, among others, at least twenty-one years of age and shall have resided in the Philippines at least six months before he applies for naturalization. 63: "The applicant must also: have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines, in his relations with the constituted government as well as with the community in which he is living; and subscribe to an oath declaring his intention to renounce absolutely and perpetually all faith and allegiance to the foreign authority, state or sovereignty of which he was a citizen or subject." Section 7 of CA No. The certificate of arrival, and the declaration of intention must be made part of the petition. Under the third element, the deception must be such as to lead the electorate to believe that the candidate possesses the qualifications for the position he/she is running for, when in truth the candidate does not possess such qualifications, thus making him/her ineligible to run. The close relationship between society and language - especially the influence of French words in English history - is also fascinating, and this connection features in many words and expressions origins.The lingua franca entry also helps explain this, and the organic nature of language change and development. 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. Disqualifying a candidate, particularly the popular one, on the basis of doubtful claims does not result to a genuine, free and fair election. Where the challenge is because of ineligibility, he will be ousted only if this Court exerts utmost effort to resolve the issue in a manner that would give effect to the will of the majority, for it is merely sound public policy to cause elective offices to be filled by those who are the choice of the majority.3 That is what the COMELEC rulings in these cases would have precisely accomplished had they been affirmed: the illegitimate elimination of an electoral choice, a choice who appears to be one of the frontrunners in all the relevant surveys. File the proper petition like before without providing this. Furthermore, the dissents have already gone to the intrinsic qualification of petitioner as to cast doubt on her viability as a candidate. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.
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