J. Leonen, En Banc]
EN BANC G.R. No. 221697 - MARY GRACE NATIVIDAD S. POE LLAMANZARES, Petitioner, v. COMMISSION ON ELECTIONS and ESTRELLA C. ELAMPARO, Respondents. G.R. No. 221698-700 - MARY GRACE NATIVIDAD S. POE LLAMANZARES, Petitioner, vs. COMMISSION ON ELECTIONS, FRANCISCO S. TATAD, ANTONIO P. CONTRERAS, and AMADO T. VALDEZ, Respondents. Promulgated: March 8, 2016 x---------------------------------------------------------------------~~o=;::.-~ CONCURRING OPINION LEONEN, J.: I am honored to concur with the ponencia of my esteemed colleague, Associate Justice Jose Portugal Perez. I submit this Opinion to further clarify my position. Prefatory The rule of law we swore to uphold is nothing but the rule ofjust law. The rule of law does not require insistence in elaborate, strained, irrational, and irrelevant technical interpretation when there can be a clear and rational interpretation that is more just and humane while equally bound by the limits of legal text. The Constitution, as fundamental law, defines the mm1mum qualifications for a person to present his or her candidacy to run for President. It is this same fundamental law which prescribes that it is the People, in their sovereign capacity as electorate, to determine who among the candidates is best qualified for that position. In the guise of judicial review, this court is not empowered to constrict the electorate's choice by sustaining the Commission on Elections' actions that show that it failed to disregard doctrinal interpretation of its powers under Section 78 of the Omnibus Election Code, created novel jurisprudence in relation to the citizenship of foundlings, misinterpreted and misapplied existing jurisprudence relating to the requirement of residency for election purposes, and declined to appreciate the evidence presented by petitioner as a whole and instead insisted only on three factual grounds j Concurring Opinion 2 G.R.
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