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Lim vs Pacquing 240 SCRA 649 [ SEPARATE OPINION KAPUNAN, 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, branch 40, Regional Trial Court of Manila and ASSOCIATED CORPORATION, respondents [ SEPARATE OPINION KAPUNAN, J. ]

G.R. No. 115044 | 1995-01-27

SEPARATE OPINION 

KAPUNAN, J., concurring: 

Government encroachments on private property however, valid, are always subject to limitations imposed by the due process and impairment of contracts clauses of the Constitution. The government challenge in the case at bench, ostensibly involving a franchise granted pursuant to legitimate local legislative authority, on the surface appears to be an easy one, clothed, as it were in the State's inherent and almost illimitable prerogative to promote the general welfare and the common good. As the challenge involves a facile conflict between good and evil, between a universally recognized...