Back

Gualberto J. De La Llana, et al. Vs. Manuel Alba, et al. [SEPARATE OPINIONS, PLANA, J., concurring and dissenting]

GUALBERTO J. DE LA LLANA, Presiding Judge, Branch II of the City Court of Olongapo, ESTANISLAO L. CESA, JR., FIDELA Y. VARGAS, BENJAMIN C. ESCOLANGO, JUANITO C. ATIENZA, MANUEL REYES ROSAPAPAN, JR., VIRGILIO E. ACIERTO, and PORFIRIO AGUILLON AGUILA, petitioners vs. MANUEL ALBA, Minister of Budget, FRANCISCO TANTUITCO, Chairman, Commission on Audit, and RICARDO PUNO, Minister of Justice, respondents. [SEPARATE OPINIONS, PLANA, J., concurring and dissenting]

G.R. No. 57883 | 1982-03-12

PLANA, J., concurring and dissenting:

As the lawmaking body has the power to create inferior courts and define, prescribe and apportion their jurisdiction, so it has the power to abolish or replace them with other courts as long as the act is done in good faith and not for the purpose of attaining an unconstitutional end. Good faith has thus become the crucial issue in the case at bar. 

Upon an examination of the legislative history of Batas Pambansa 129, as has been done in the main opinion, it is manifest that actual, not merely presumed good faith attended its enactment. On this basis, I concur in the opinion penned by the learned...