his is a question posed in the abstract , a hypothetical issue , and in effect , a petition for an advisory opinion from this court to be rendered without the benefit of a detailed factual record petitioner dumlao 's case is clearly within the primary jurisdiction ( see concurring opinion of now chief justice fernando in peralta vs. comelec , 82 scra 30 , 96 [ 1978 ] ) of respondent comelec as provided for in section 2 , art .