Excerpts from the dissenting opinion of Justice Perlas-Bernabe re Grace Poe case: "The proposition that the matter of eligibility should be left to the PET to decide only after the elections is a dangerous one for not only does it debase the COMELEC's constitutional powers, it also effectively results in a mockery of the electoral process, not to mention the disenfranchisement of the voters."

"x x x.

Verily, we cannot tolerate an absurd situation wherein a presidential candidate, who has already been determined by the COMELEC to have missed a particular eligibility requirement and, thus, had made a false representation in his/her CoC by declaring that he/she is eligible, is still allowed to continue his/her candidacy, and eventually be voted for. The proposition 48 that the matter of eligibility should be left to the PET to decide only after the elections is a dangerous one for not only does it debase the COMELEC's constitutional powers, it also effectively results in a mockery of the electoral process, not to mention the disenfranchisement of the voters. Clearly, the votes of the Filipino people would be put to waste if we imprudently take away from the COMELEC its capability to avert the fielding of ineligible candidates whose votes therefor shall be only considered stray. The Filipino people deserve to know prior to the elections if the person they intend to vote for is ineligible. In all reasonable likelihood, they would not have cast their votes for a particular candidate who would just be ousted from office later on.

x x x,"

See -See - 

221697_perlas-bernabe.pdf

SC.JUDICIARY.GOV.PH