E-08557 Concurring and Dissenting Opinion: Senior Associate Justice Marvic M.V.F. Leonen — Official PDF

Concurring and Dissenting Opinion 8 G.R. No. E-08557 ATTY. MACALINTAL: Well, 1 agree, Your Honor. “Genuine periodic election” which means that (interrupted) ASSOCIATE JUSTICE HERNANDO: This act of postponing does not or is transgressive. of genuine periodic elections?... ATTY. MACALINTAL: I would say yes, Your Honor... ASSOCIATE JUSTICE HERNANDO: .. to which the Philippines has acceded as a State party to the convention? ATTY. MACALINTAL: "Yes, Your Honor, postponing and extending the term of office, Your | Honor, is a violation of this principle of having a genuine periodic election. Precisely, all these laws on barangay elections; they contain specific term of office for the barangay officials to be elected but what has happened in the past and up to the present, they kept on changing and amending this. - ~~ period of elections and at the same time (interrupted) ASSOCIATE JUSTICE HERNANDO: Well, I guess, what you’re trying to say to us is, ‘yung right to vote ng isang tao ‘pag binoto ka, sabi ng tao sa iyo, “Eto hanggang three years - ka lang.” ATTY. MACALINTAL: Yes, Your Honor, that is our contract. ASSOCIATE JUSTICE HERNANDO: ... “Kasi ‘nung bumoto kami sa iyo, ito ‘yung batas.” ATTY. MACALINTAL: Yes, Your Honor. Precisely, I was saying that, “Ito ang ating kontrata. When I wrote your name in the ballot, I know that I am only paying you for three years.” The ballot does not say that you should be extended. Now, once the term is extended, that violates that contract between me and that particular candidate, Your Honor. 30 I agree with the underlying principle, though from a different perspective. 30 Jd. at 358-359.