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Lim vs Pacquing 240 SCRA 649 [ SEPARATE OPINION DAVIDE, JR., J. ]

HON. ALFREDO S. LIM, in his capacity as Mayor of Manila; and THE CITY OF MANILA, petitioners, vs. HON. FELIPE G. PACQUING, as Judge, Regional Trial Court of Manila; and ASSOCIATED DEVELOPMENT CORPORATION, respondents. [ SEPARATE OPINION DAVIDE, JR., J. ]

G.R. No. 115044 | 1994-09-01

SEPARATE OPINION 

DAVIDE, JR., J.: 

I concur in the result. I wish, however, to express my view on the matter of the constitutionality of P.D. No. 771 and on the alleged waiver of the defense of repeal of the ordinance by P.D. No. 771. 

Ordinance No. 7065 of the City of Manila was enacted on 7 September 1971 pursuant to Section 18(jj) of the Revised Charter of Manila. It authorized the City Mayor "to allow and permit the Associated Development Corporation to establish, maintain and operate a jai alai in the City of Manila" under the terms and conditions therein provided and "such other terms and conditions as he (the Mayor) may...