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Maceda vs. ERB [SEPARATE OPINION, DISSENTING, SARMIENTO, J.]

ERNESTO M. MACEDA, petitioner, vs. ENERGY REGULATORY BOARD, CALTEX (Philippines), INC., PILIPINAS SHELL PETROLEUM CORPORATION AND PETRON CORPORATION, respondents.

G.R. No. 96266 | 1991-07-18

SEPARATE OPINION
 
SARMIENTO, J.:
 
I would like to point out a few things in view of the majority's reliance on the first Maceda case.[1]
 
The first Maceda case was a challenge on provisional oil price increases decreed by the Energy Regulatory Board (ERB). This Court sustained the Board, as it is sustaining the Board in this case, on a few economic outputs, namely, the Oil Price Stabilization Fund (OPSF) deficit, the deteriorating exchange rate, and the balance of payments and trade gaps.
 
As I held in my dissent in yet another Maceda case, Maceda v. Macaraig,[2] the current oil price increases were (are) also...