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Sanlakas vs Executive Secretary Angelo Reyes [DISSENTING OPINION, SANDOVAL-GUTIERREZ, J.]

SANLAKAS, represented by REP. J.V. Bautista, and PARTIDO NG MANGGAGAWA, represented by REP. RENATO MAGTUBO petitioners, vs. EXECUTIVE SECRETARY SECRETARY ANGELO REYES, GENERAL NARCISO ABAYA, DIR. GEN. HERMOGENES EBDANE, respondents.

G.R. No. 159085 | 2004-02-03

DISSENTING OPINION


SANDOVAL-GUTIERREZ, J.:

"Courts will decide a question otherwise moot and academic if it is 'capable of repetition, yet evading review.'"[1] On this premise, I stood apart from my colleagues in dismissing the petition in Lacson vs. Perez.[2] Their reason was that President Gloria Macapagal-Arroyo's lifting of the declaration of a "state of rebellion" rendered moot and academic the issue of its constitutionality. Looking in retrospect, my fear then was the repetition of the act sought to be declared unconstitutional.

No more than three (3) years have passed, and here we are again haunted by...