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Aquilino Pimentel Jr vs. Hon Alexander Aguirre [DISSENTING OPINION, KAPUNAN, J.]

AQUILINO Q. PIMENTEL JR., petitioner, vs. Hon. ALEXANDER AGUIRRE in his capacity as Executive Secretary, Hon. EMILIA BONCODIN in her capacity as Secretary of the Department of Budget and Management, respondents. ROBERTO PAGDANGANAN, intervenor.

G.R. No. 132988 | 2000-07-19


DISSENTING OPINION

KAPUNAN, J.:

In striking down as unconstitutional and illegal Section 4 of Administrative Order No. 372 ("AO No. 372"), the majority opinion posits that the President exercised power of control over the local government units ("LGU"), which he does not have, and violated the provisions of Section 6, Article X of the Constitution, which states:

SEC. 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them.
and Section 286(a) of the Local Government Code, which provides:

SEC. 286. Automatic Release of Shares. - (a) The share of each local...