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Virata vs. Sandiganbayan [SEPARATE OPINION, DISSENTING, GUTIERREZ, J.]

CESAR E.A. VIRATA, petitioner, vs. THE HONORABLE SANDIGANBAYAN, and THE REPUBLIC OF THE PHILIPPINES, respondents.

G.R. No. 86926 | 1991-10-15

DISSENTING OPINION

GUTIERREZ, JR., J.:

I am constrained to dissent from the majority opinion which dismisses the petitions filed in these cases.

The complaints, insofar as they refer to Messrs. Virata and Mapa, consist of mere inferences and general conclusions which cannot give rise to any cause of action against them.  Merely stating that the petitioners engaged in various kinds of diabolical evils against the Filipino people with no statements of ultimate facts to support the sweeping and polemical charges cannot substitute for a cause of action.  The petitioners have been carelessly swept into an all-encompassing net thrown...