Professional Documents
Culture Documents
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DISSENTING OPINION
PERLAS-BERNABE, J.:
I dissent.
Amid the complexity of the legal issues and political implications
involved, this Court, in ruling on this matter - as in every other similar
matter before it - must always harken back to its parameters of review over
rulings of the Commission on Elections (COMELEC). It is on this basic but
resolute premise that I submit this dissent.
I.
In Mitra v. COMELEC 1 (Mitra), it was explained that "[t]he basis for
the Court's review of COMELEC rulings under the standards of Rule 65 of
the Rules of Court is Section 7, Article IX-A of the [1987] Constitution
which provides that '[u]nless otherwise provided by the Constitution or by
law, any decision, order, or ruling of each Commission may be brought to
the Supreme Court on certiorari by the aggrieved party within thirty [(30)]
days from receipt of a copy thereof.' For this reason, the Rules of Court
provide for a separate rule (Rule 64) specifically applicable only to decisions
of the COMELEC and the Commission on Audit. This Rule expressly refers
to the application of Rule 65 in the filing of a petition for certiorari, subject
to the exception clause - 'except as hereinafter provided."' 2
"The purpose of a petition for certiorari is to determine whether the
challenged tribunal has acted without or in excess of its jurisdiction or with
grave abuse of discretion amounting to lack or excess of jurisdiction. Thus,
2
Dissenting Opinion
9
10
11
Oeate v. COMELEC, 537 Phil. 584, 594-595 (2006); emphasis and underscoring supplied.
Miranda v. Abaya, 370 Phil. 642 (1999).
Id. at 663; emphases and underscoring supplied, citations omitted.
See COMELEC En Bane's Resolutions dated December 23, 2015 in SPA No. 15-001 (DC), ro!lo
(G.R. No. 221697), Vol. I, p. 229; and in SPA Nos. 15-002 (DC), 15-007 (DC), and 15-139 (DC), rollo
(G.R. Nos. 221698-700), Vol. I, p. 356.
See discussions in COMELEC Second Division's Resolution dated December 1, 2015 in SPA No. 15001 (DC), rollo (G.R. No. 221697), Vol. I, !Jp. 206-211; and in COMELEC First Division's Resolution
dated December 11, 2015 in SPA Nos. 15-002 (DC), 15-007 (DC), and 15-139 (DC), rollo (G.R. Nos.
221698-700), Vol. I, pp. 251-258.
See COMELEC En Bane's Resolutions dated December 23, 2015 in SPA No. 15-001 (DC), rol/o
(G.R. No. 221697), Vol. I, p. 258; and in SPA Nos. 15-002 (DC), 15-007 (DC), and 15-139 (DC), rol/o
(G.R. Nos. 221698-700), Vol. I, p. 381.
Ponencia, p. 44.
The assailed rulings are as follows: (a) COMELEC Second Division's Resolution dated December 1,
2015 in SPA No. 15-001 (DC), rollo (G.R. No. 221697), Vol. I, pp. 190-223; (b) COMELEC En
Bane's Resolution dated December 23, 2015 in SPA No. 15-001 (DC), rollo (G.R. No. 221697), Vol.
I, pp. 224-259; (e) COMELEC First Division's Resolution dated December 11, 2015 in SPA Nos. 15002 (DC), 15-007 (DC), and 15-139 (DC), rollo (G.R. Nos. 221698-700), Vol. I, pp. 216-264; and (d)
COMELEC En Bane's Resolution dated December 23, 2015 in SPA Nos. 15-002 (DC), 15-007 (DC),
and 15-139 (DC), rollo (G.R. Nos. 221698-700), Vol. I, pp. 352-381.
See ponencia, p. 45.
Dissenting Opinion
Based on the text of the Constitution, and bearing in mind the import
of cases on the matter, there is no perceivable restriction which qualifies the
exercise of the COMELEC's adjudicatory power to declare a candidate
ineligible and thus, cancel his/her CoC with the need of a prior
determination coming from a "proper authority."
12
13
14
15
16
17
Id. at 16.
Id.
365 Phil. 386 (1999).
Id. at 419-420.
621 Phil. 498 (2009).
ld.at510.
r.J
Dissenting Opinion
18
19
20
Entitled "IN THE MATTER OF THE AMENDMENT TO RULES 23, 24 AND 25 OF THE COMELEC RULES OF
PROCEDURE FOR PURPOSES OF THE 13 MAY 2013 NATIONAL, LOCAL AND ARMM ELECTIONS AND
SUBSEQUENT ELECTIONS."
"Even without a petition under either Section 12 or Section 78 of the Omnibus Election Code, or
under Section 40 of the Local Government Code, the COMELEC is under a legal duty to cancel the
certificate of candidacy of anyone suffering from the accessory penalty of perpetual special
disqualification to run for public office by virtue of a final judgment of conviction. The final judgment
of conviction is notice to the COMELEC of the disqualification of the convict from running for public
office. The law itself bars the convict from running for public office, and the disqualification is part of
the final judgment of conviction. The final judgment of the court is addressed not only to the Executive
branch, but also to other government agencies tasked to implement the final judgment under the law.
Whether or not the COMELEC is expressly mentioned in the judgment to implement the
disqualification, it is assumed that the portion of the final judgment on disqualification to run for
elective public office is addressed to the COMELEC because under the Constitution the COMELEC is
duty bound to ' [e]nforce and administer all laws and regulations relative to the conduct of an election.'
24 The disqualification of a convict to run for public office under the Revised Penal Code, as affirmed
by final judgment of a competent court, is part of the enforcement and administration of 'all laws'
relating to the conduct of elections." (Jalosjos, Jr. v. COMELEC, 696 Phil. 601, 634 [2012].)
Bedol v. COMELEC, supra note 16, at 510.
tJ
Dissenting Opinion
21
22
(December 3, 1985).
Section 74. Contents of certificate of candidacy. - The certificate of candidacy shall state that the
person filing it is announcing his candidacy for the office stated therein and that he is eligible for said
office; if for Member of the Batasang Pambansa, the province, including its component cities, highly
urbanized city or district or sector which he seeks to represent; the political party to which he belongs;
civil status; his date of birth; residence; his post office address for all election purposes; his profession
or occupation; that he will support and defend the Constitution of the Philippines and will maintain
true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by
the duly constituted authorities; that he is not a permanent resident or immigrant to a foreign country;
that the obligation imposed by his oath is assumed voluntarily, without mental reservation or purpose
of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge.
Unless a candidate has officially changed his name through a court approved proceeding, a
certificate shall use in a certificate of candidacy the name by which he has been baptized, or if has not
been baptized in any church or religion, the name registered in the office of the local civil registrar or
any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadji
name after performing the prescribed religious pilgrimage: Provided, That when there are two or more
candidates for an office with the same name and surname, each candidate, upon being made aware or
(sic) such fact, shall state his paternal and maternal surname, except the incumbent who may continue
to use the name and surname stated in his certificate of candidacy when he was elected. He may also
include one nickname or stage name by which he is generally or popularly known in the locality.
23
24
25
The person filing a certificate of candidacy shall also affix his latest photograph, passport size; a
statement in duplicate containing his bio-data and program of government not exceeding one hundred
words, ifhe so desires.
Ugdoracion, Jr. v. COMELEC, 575 Phil. 258, 261 (2008).
Ja/over v. Osmena, G.R. No. 209286, September 23, 2014, 736 SCRA 267, 282, citing Velasco v.
COMELEC, 595 Phil. 1172, 1185 (2008).
G.R. No. 202202, March 19, 2013, 693 SCRA 574.
,J
Dissenting Opinion
27
28
29
30
31
32
33
Id. at 592.
See G.R. No. 206698, February 25, 2014, 717 SCRA 312.
Id. at 320-321, citing Salcedo II v. COMELEC, 371 Phil. 390, 389-390 (1999).
See id. at 323.
G.R. No. 207900, April 22, 2014, 723 SCRA 223.
See id. at 246, citing Velasco v. COMELEC (supra note 24, at I 185), which, in tum cited, among
others, Salcedo II v. COMELEC (supra note 28, at 390).
Supra note 24.
Id. at 282, citing Ugdoracion, Jr. v. COMELEC (supra note 23, at 261-262), further citing, among
others, Salcedo II v. COMELEC (supra note 28, 385-390).
Dissenting Opinion
materiality of the falsity. The quoted passage from Mitra reads: "[t]he
deliberate character of the misrepresentation necessarily follows from a
consideration of the consequences of any material falsity x x x." 34 The
"separateness" of the requirement of intent from the requisite of materiality
is hence, more apparent than real. The bottom line according to Jalover,
citing Mitra, is that "a candidate who falsifies a material fact cannot run." 35
This statement therefore demonstrates that the intent requirement is but a
fictional superfluity, if not anomaly, which is actually devoid of its own
conceptual relevance. As such, its existence in jurisprudence only serves as a
perplexing, if not, hazardous, mirage.
In the more recent case of Agustin v. COMELEC, 36 this Court, while
again quoting the same passages from Mitra, upheld "the declaration by the
COMELEC En Banc" - which was, by the way, acting on a Section 78
petition - "that [therein] petitioner was ineligible to run and be voted for as
Mayor of the Municpality of Marcos, Ilocos Norte" on the ground that he
"effectively repudiated his oath of renunciation" by the use of his US
passport and, thus, "reverted him to his earlier status as a dual citizcn."37
Interestingly, this Court, consistent with the above-cited passage from
Tagolino, stated that "[e]ven if it made no finding that the petitioner
deliberately attempted to mislead or misinform as to warrant the cancellation
of his CoC, the COMELEC could still declare him disqualified for not
meeting the required eligibility under the Local Government Code." 38
Again, the plain text of Section 78 reads that the remedy is based "on
the ground that any material representation contained therein as required
under Section 74 hereof is false." It pertains to a material representation that
is false and not a "material misrepresentation." In my view, the latter is a
semantic but impactful misnomer which tends to obfuscate the sense of the
provision as it suggests - by employing the word "misrepresent," ordinarily
understood to mean as "to give a false or misleading representation of
usually with an intent to deceive or be unfair" 39 - that intent is crucial in a
Section 78 petition, when, in fact, it is not.
Notably, the Dissenting Opinion of former Supreme Court Associate
Justice Dante 0. Tinga (Justice Tinga) in Tecson v. COMELEc4 (Tecson)
explains the irrelevance of the candidate's intention or belief in ruling on a
Section 78 petition. There, he even pointed out the jurisprudential missteps
in the cases of Romualdez-Marcos v. COMELEc4 1 (Romualdez-Marcos) and
34
3s
36
31
38
39
40
41
Dissenting Opinion
42
Dissenting Opinion
Dissenting Opinion
10
45
46
47
48
Id. at 608-609.
See paragraphs (I) and (2), Section 2, Article IX-C ofthe 1987 Constitution.
Tecson v. COMELEC, supra note 40, at 626.
See Separate Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa, joined by
Associate Justice Diosdado M. Peralta, p. 3.
Dissenting Opinion
11
At any rate, the jurisdictional boundaries have already been set: the
COMELEC' s jurisdiction ends, and that of the PET begins, only when a
candidate therefor has already been elected, and thereafter, proclaimed. 49 In
Tecson, this Court explained that the PET's jurisdiction under Section 4,
Article VII of the 1987 Constitution is limited only to a post-election
scenario:
The Supreme Court, sitting en bane, shall be the sole
judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.
xx xx
Ordinary usage would characterize a "contest" in reference to a
post-election scenario. Election contests consist of either an election
protest or a quo warranto which, although two distinct remedies, would
have one objective in view, i.e., to dislodge the winning candidate from
office. A perusal of the phraseology in Rule 12, Rule 13, and Rule 14 of
the "Rules of the Presidential Electoral Tribunal," promulgated by the
Supreme Court en bane on 18 April 1992, would support this premise Rule 12. Jurisdiction. - The Tribunal shall be the sole
judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President of the
Philippines.
Rule 13. How Initiated. - An election contest is
initiated by the filing of an election protest or a petition for quo
warranto against the President or Vice-President. An election
protest shall not include a petition for quo warranto. A petition
for quo warranto shall not include an election protest.
Rule 14. Election Protest. - Only the registered
candidate for President or for Vice-President of the Philippines
who received the second or third highest number of votes may
contest the election of the President or the Vice-President, as the
case may be, by filing a verified petition with the Clerk of the
Presidential Electoral Tribunal within thirty (30) days after the
proclamation of the winner.
See Rules 15 and 16 of the 2010 RULES OF THE PRESIDENTIAL ELECTORAL TRIBUNAL, A.M. No. 10-429-SC dated May 4, 20 I 0. See also Dissenting Opinion of Associate Justice Mariano C. Del Castillo
(Justice Del Castillo), p. 28.
Dissenting Opinion
12
would not include cases directly brought before it, questioning the
qualifications of a candidate for the presidency or vice-presidency
50
before the elections are held. (Emphases supplied)
The central question in this case, to which the analysis of grave abuse
of discretion is applied, is whether or not the representations of petitioner
regarding her residency - particularly, that she would be a resident of this
country for ten (10) years and eleven (11) months on the day immediately
preceding the May 9, 2016 Elections - and her citizenship - particdarly,
that she is a natural-born citizen of the Philippines - in her 2015 CoC are
false. Notably, a finding of falsity even as to one representation would
already be enough for the COMELEC to deny due course to or cancel her
2015 CoC. To recount, Section 74 - to which the false representation ground
under Section 78 of the OEC relates to - provides that "[t]he certificate of
candidacy shall state that the person filing it is announcing his candidacy for
the office stated therein and that he is eligible for said office x x x." A
candidate is eligible to run for the post of President for as long as he or she is
a natural-born citizen of the Philippines and a resident thereof for at least ten
(10) years immediately preceding the elections, among other requirements.
These citizenship and residency requirements are delineated in Section 2,
Article VII of the 1987 Constitution:
Section 2. 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.
50
51
Dissenting Opinion
13
52
53
54
55
56
57
58
59
Dissenting Opinion
14
reestablished her residence in the Philippines was when she reacquired her
Filipino citizenship in July 2006.
In Coquilla, the Court ruled that an alien, such as petitioner, may
waive his/her status as a non-resident and thus, become a resident alien by
obtaining an immigrant visa under the Philippine Immigration Act of 1948
and an Immigrant Certificate of Residence. Prior to this waiver, he/she is a
visitor, a non-resident alien. 60 Hence, without this waiver, petitioner
remained to be a visitor or a non-resident alien until July 2006.
On the other hand, in Japzon, the Court declared that reacquisition
under Republic Act No. (RA) 9225, 61 otherwise known as the "Citizenship
Retention and Reacquisition Act of 2003," has no automatic impact on a
candidate's domicile as he/she only had the option to again establish his/her
. 1 e. 62
dom1c1
Meanwhile, in Caballero, this Court held that a candidate must still
prove that after becoming a Philippine citizen, he/she had reestablished his
. 1 e o f choice.
. 63
new dom1c1
To my mind, the COMELEC's reliance on Coquilla is apt. As the
records disclose, petitioner returned to the Philippines on May 24, 2005
under the Balikbayan Program, 64 and therefore, only obtained the status of a
temporary resident. Specifically, Section 3 of RA 6768, 65 as amended by RA
9174, 66 merely accorded her the benefit of visa-free entry to the Philippines
for a period of one ( 1) year:
Section 3. Benefits and Privileges of the Balikbayan. - The
balikbayan and his or her family shall be entitled to the following benefits
and privileges:
xx xx
(c) Visa-free entry to the Philippines for a period of one (1) year
for foreign passport holders, with the exception of restricted
nationals[.] (Emphasis and underscoring supplied)
60
61
62
63
64
65
66
Dissenting Opinion
15
As such, since she did not waive her status of being a non-resident
alien, her stay here upon her return on May 24, 2005 up until she reacquired
Philippine citizenship in July 2006 should only be considered as temporary.
While it is not entirely indispensable that one first acquires the status
of a permanent resident in order to reestablish his/her domicile in the
Philippines, it is, nonetheless, highly indicative of his/her animus manendi
and animus non revertendi. While it is undisputed that petitioner resigned
from her work in the US in 2004; acquired, together with her husband,
quotations and estimates from property movers regarding the relocation of
all their goods, furniture, and cars from the US to the Philippines as early as
March 2005; enrolled two (2) of her children in Philippine Schools for the
school year 2005 to 2006; and purchased a condominium unit in the
Philippines in the second half of 2005, 67 petitioner never bothered applying
for permanent residency up until July 2006, 68 which is the date when she
reacquired Filipino citizenship under RA 9225, and consequently, waived
her status as a non-resident alien. This means that from her return on May
24, 2005 up until July 2006, she, despite the above-mentioned overt acts,
stayed in the Philippines only as a temporary resident. If at all, her
inattention to legitimize her so-called "permanent residence" in the
Philippines in accordance with our Immigration Laws stamps a significant
question mark on her animus manendi and animus non revertendi on May
24, 2005. Thus, the COMELEC can hardly be blamed from reaching its
ruling as petitioner's intention to permanently reside in the Philippines and
to abandon the US as her domicile on May 24, 2005 were, based on
reasonable premises, shrouded in doubt.
At any rate, the overt acts on which petitioner premises her claims are
insufficient to prove her animus manendi and animus non-revertendi. In fact,
same as her failure to promptly address her permanent residency status,
some of these overt acts might even exhibit her ambivalence to reestablish
her domicile in the Philippines on May 24, 2005. For instance, while she
purchased a condominium unit in the Philippines in the second half of 2005
(which period is even past May 24, 2005), records unveil that petitioner had
other real properties in the US, one of which was purchased in 1992 and
another in 2008. 69 Relevantly, these dates are before and after May 24, 2005.
Likewise, petitioner's correspondence with the property movers in the US in
the first half of 2005 falters, in light of the fact that she and her husband
commenced actual negotiations for their transfer only in the following year,
or in January 2006, months after May 24, 2005. 70 Similarly, after this date, it
was only in March 2006 when petitioner's husband informed the US Postal
Service of a change of address, without even specifying their new address in
67
68
69
70
See Petitions in G.R. No. 221697, rollo (G.R. No. 221697), Vol. I, pp. 18-20; and in G.R. Nos.
221698-700, rollo (G.R. Nos. 221698-700), Vol. I, pp. 22-24.
See Petitions in G.R. No. 221697, rollo (G.R. No. 221697), Vol. I, p. 22; and in G.R. Nos. 221698700, rollo (G.R. Nos. 221698-700), Vol. I, p. 27.
See rollo (G.R. No. 221698-700), Vol. II, p. 917.
See rollo (G.R. No. 221697), Vol. II, pp. 778-794.
1J
Dissenting Opinion
16
the Philippines. 71 While it is true that the visa-free entry of petitioner under
the Balikbayan Program should not automatically hinder her ability to - as
the ponencia would say - "reestablish her life here," it remains that the
parameters of domicile reestablishment under the auspices of political law
have not been clearly proven. Hence, because all the overt acts prior to that
time had no impact in establishing her animus manendi and animus nonrevertendi, the earliest date that petitioner could have reestablished her
residence was in July 2006. The overall conclusion of the COMELEC was
therefore correct.
At this juncture, let me express my assent to the view that "[s]tronger
proof is required in the reestablishment of national domicile." 72 This is
because a person who has been domiciled in another country has already
established effective legal ties with that country that are substantially distinct
and separate from ours. Such a situation hardly obtains when what is
involved is the change of domicile between localities within the same
country.
I further observe that the need for stronger proof becomes more
apparent when the person involved is one who has been domiciled in another
country as part of his/her naturalization as a citizen therein. As such, while
citizenship and residency are different from and independent of each other this, being the key premise in the Court's rulings in Japzon and Caballero I do believe that "one may invariably affect the other." 73 Being still a citizen
of the US at the time of her return to the Philippines on May 24, 2005,
petitioner remained entitled to the rights, privileges, and the protection the
US government extends to its nationals, including the right to residence. In
fact, from May 24, 2005 to October 20, 20 I 0, petitioner availed of this
privilege when she returned to the US, on separate dates, significantly, for
no less than five times. 74 To my mind, the ability to enjoy the privileges of
foreign citizenship at any time, while remaining under that status, conjures a
reasonable presumption that the latter continues to avail of these privileges,
which, among others, include the privilege to reside in that foreign country.
Hence, absent compelling evidence to show that he/she had reestablished
domicile in another country, it should therefore be presumed that he/she
continues to be domiciled in the country he/she is a citizen of.
Moreover, the necessity of presenting stronger proof as herein
discussed is impelled by the very reason underlying the residency
requirement. 75 The discernment of pervading realities in the place where one
seeks to be elected is objectively farther from a person who has been
71
72
73
74
75
Id. at 815-816.
See Dissenting Opinion of Justice Del Castillo, p. 59.
Id. at 60.
"In fact, from May 24, 2005 to October 20, 20 I 0, petitioner did go back to the US no less than five
times: February 14, 2006, April 20, 2009, October 19, 2009, December 27, 2009, and March 27,
2010." See id. at 55. See also rollo (G.R. Nos. 221698-700), Vol. I, pp. 30-31.
The purpose is "to ensure that the person elected is familiar with the needs and problems of his
constituency xx x ."(See Perez v. COMELEC, 375 Phil. 1106, 1119 [1999].)
jJ
Dissenting Opinion
17
III.
Neither did the COMELEC gravely abuse its discretion in ruling that
petitioner made a false material representation in her 2015 CoC when she
declared that she was a natural-born citizen of the Philippines.
76
77
Dissenting Opinion
18
78
79
80
81
82
83
84
85
fl)
Dissenting Opinion
19
87
88
89
"[T]he burden of proof is, in the first instance, with the plaintiff who initiated the action." (Republic v.
Vda. de Neri, 468 Phil. 842, 862 [2004].)
"[H]e who alleges the affirmative of the issue has the burden of proof, and upon the plaintiff in a civil
case, the burden of proof never parts. However, in the course of trial in a civil case, once plaintiff
makes out a prim a facie case in his [favour], the duty or the burden of evidence shifts to defendant to
controvert plaintiff's prima facie case, otherwise, a verdict must be returned in favor of plaintiff."
( Vitarich Corporation v. Locsin, 649 Phil. 164, 173 [20 IO], citing Jison v. Court of Appeals, 350 Phil.
138, 173 [1998].)
Petitioner was born on September 3, 1968. See Petitions in G .R. No. 221697, rollo (G.R. No. 221697),
Vol. I, p. 14; and in G.R. Nos. 221698-700, rollo (G.R. Nos. 221698-700), Vol. I, p. 17.
See Section 3 (e) of "RULE ON ADOPT!ON," A.M. No. 02-6-02-SC {August 22, 2002); emphasis
supplied.
Dissenting Opinion
20
91
92
93
94
95
96
See COMELEC Second Division's December 1, 2015 Resolution in SPA No. 15-001 (DC), ro/lo
(G.R. No. 221697), Vol. I, pp. 213-214.
See COMELEC Second Division's December 1, 2015 Resolution in SPA No. 15-001 (DC), rollo
(G.R. No. 221697), Vol. I, p. 393. See also COMELEC En Bane's December 23, 2015 Resolution in
SPA No. 15-001 (DC), id. at 254.
See Petitions in G.R. No. 221697, rol/o (G.R. No. 221697), Vol. I, pp. 114-116; and in G.R. Nos.
221698-700, rollo (G.R. Nos. 221698-700), Vol. I, pp. 84-86.
272 Phil. 147 (1991).
Id. at 169-170.
Particularly, the 1989 United Nations Convention on the Rights of the Child (UNCRC), the 1966
International Covenant on Civil and Political Rights (ICCPR), the 1948 Universal Declaration of
Human Rights (UDHR), the 1930 Hague Convention on Certain Questions Relating to the Conflict of
Nationality Law (1930 Hague Convention), and the 1961 United Nations Convention on the Reduction
of Statelessness (UNCRS), among others, positing that it is a generally accepted principle in
international law. (See discussions in the Petitions in G.R. No. 221697, rollo (G.R. No. 221697), Vol.
I, pp. 137-144 and 151-152; and in G.R. Nos. 221698-700, rollo (G.R. Nos. 221698-700), Vol. I, pp.
109-117 and 124-125.
Pharmaceutical and Health Care Association of the Philippines v. Health Secretary Duque Ill, 561
Phil. 386, 397-398 (2007).
Dissenting Opinion
21
ESTELA M} PERLAS-BERNABE
Associate Justice
97