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Biscarra vs. Republic [SEPARATE OPINION, DISSENTING, MELENCIO-HERRERA, J.]

JULIO BISCARRA, petitioner, vs. REPUBLIC OF THE PHILIPPINES (Bureau of Forestry) and the WORKMEN'S COMPENSATION COMMISSION, respondents.

G.R. No. L-43425 | 1980-01-22

DISSENTING OPINION

MELENCIO-HERRERA, J.:

I am constrained to dissent from the majority decision.  The views which have induced me to do so can be expounded as follows:

1.   Exercise of the judicial power
 
(a) The main responsibility of Courts is to interpret and construe the laws, constitutional and statutory.  They should not legislate except interstitially (16 CJS 728); that is, except to fill in the small gaps left in statutes by the legislative.  But what Courts may fill in into those gaps should still be in accordance with the lawmaker's purpose.

(b)  Before the effectivity of the Labor...