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Renato L. Cayetano vs. Christian Monsod, et al. [DISSENTING OPINION, CRUZ, J.]

RENATO L. CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENTS, and HON. GUILLERMO CARAGUE in his capacity as Secretary of Budget and Management, respondents.

G.R. No. 100113 | 1991-09-03

CRUZ, J., dissenting:

I am sincerely impressed by the ponencia of my brother Paras but find I must dissent just the same. There are certain points on which I must differ with him while of course respecting his viewpoint.

To begin with, I do not think we are inhibited from examining the qualifications of the respondent simply because his nomination has been confirmed by the Commission on Appointments. In my view, this is not a political question that we are barred from resolving. Determination of the appointee's credentials is made on the basis of the established facts, not the discretion of that body. Even if it were, the exercise of that...