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Gunigundo, PCGG Chairman vs Desierto [CONCURRING and DISSENTING OPINION, MELO, J.]

PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS represented by MAGTANGGOL C. GUNIGUNDO, PCGG Chairman and ORLANDO C. SALVADOR, as Consultant, Technical Working Group of the Presidential Ad Hoc Fact-Finding Committee on Behest Loans, petitioners, vs. HON. ANIANO A. DESIERTO as Ombudsman; JOSE Z. OSIAS; PACIFICO E. MARCOS; EDUARDO V. ROMUALDEZ; FERNANDO C. ORDOVEZA; and JUANITO ORDOVEZA, Members of the Board of Directors of Philippine Seeds, Inc.; CONCERNED MEMBERS OF THE DEVELOPMENT BANK OF THE PHILIPPINES, respondents.

G.R. No. 130140 | 1999-10-25

CONCURRING AND DISSENTING OPINION 

MELO, J.: 

I join in the initial premise of the ponencia of Mr. Chief Justice Hilario G. Davide, Jr. for whom I only have the highest respect for his scholarly and in-depth resolution of the issues at hand, particularly its commanding interpretation of Section 15, Article XI of the 1987 Constitution which declares that the imprescriptibility of "[t]he right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees ..." only refers to the civil action that may be brought against the erring parties, and not to the...