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Kilosbayan, Et Al. Vs. Manuel L. Morato, Et Al. [SEPARATE OPINION, PADILLA, J., concurring]

KILOSBAYAN, INCORPORATED, JOVITO R. SALONGA, CIRILO A. RIGOS, ERME CAMBA, EMILIO C. CAPULONG, JR., JOSE T. APOLO, EPHRAIM TENDERO, FERNANDO SANTIAGO, JOSE ABCEDE, CHRISTINE TAN, RAFAEL G. FERNANDO, RAOUL V. VICTORINO, JOSE CUNANAN, QUINTIN S. DOROMAL, SEN. FREDDIE WEBB, SEN. WIGBERTO TANADA, REP. JOKER P. ARROYO, petitioners, vs. MANUEL L. MORATO, in his capacity as Chairman of the Philippine Charity Sweepstakes Office, and the PHILIPPINE GAMING MANAGEMENT CORPORATION, respondents. [SEPARATE OPINION, PADILLA, J., concurring]

G.R. No. 118910 | 1995-07-17

Separate Opinions 


PADILLA, J., concurring:

I join the majority in voting for the dismissal of the petition in this case.

It is the duty of the Supreme Court to apply the laws enacted by Congress and approved by the President, (unless they are violative of the Constitution) even if such laws run counter to a Member's personal conviction that gambling should be totally prohibited by law. 

In the present case, we are confronted with Republic Act No. 1169 as amended by B.P. Blg. 42 which expressly allows the PCSO to conduct lotteries, clearly a form of gambling. 

Given the various laws allowing specific forms of gambling, only...