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Laurel vs. Misa 77 Phil 856 [ SEPARATE OPINION PUNO, 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 PUNO, J. ]

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

SEPARATE OPINION

PUNO, J., dissenting: 

The petitions at bench involve great principles of law in tension. On balance at one end is the high prerogative of the State to promote the general welfare of the people thru the use of police power; on the opposite end is the right of an entity to have its property protected against unreasonable impairment by the State. courts accord the State wide latitude in the exercise of its police power to bring about the greatest good of the greatest number. But when its purpose is putrefied by private interest, the use of police power becomes a farce and must be struck down just as every arbitrary...