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PCGG vs. Sandiganbayan, Lucio Tan, et al [ SEPARATE OPINION, PANAGANIBAN, J. ]

PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG), Petitioner, versus SANDIGANBAYAN (Fifth Division), LUCIO C. TAN, CARMEN KHAO TAN, FLORENCIO T. SANTOS, NATIVIDAD P. SANTOS, DOMINGO CHUA, TAN HUI NEE, MARIANO TAN ENG LIAN, ESTATE OF BENITO TAN KEE HIONG (represented by TARCIANA C. TAN), FLORENCIO N. SANTOS, JR., HARRY C. TAN, TAN ENG CHAN, CHUNG POE KEE, MARIANO KHOO, MANUEL KHOO, MIGUEL KHOO, JAIME KHOO, ELIZABETH KHOO, CELSO RANOLA, WILLIAM T. WONG, ERNESTO B. LIM, BENJAMIN T. ALBACITA, WILLY CO, ALLIED BANKING CORP., ALLIED LEASING AND FINANCE CORPORATION, ASIA BREWERY, INC., BASIC HOLDINGS CORP., FOREMOST FARMS, INC., FORTUNE TOBACCO CORP., GRANSPAN DEVELOPMENT CORP., HIMMEL INDUSTRIES, IRIS HOLDINGS AND DEVELOPMENT CORP., JEWEL HOLDINGS, INC., MANUFACTURING SERVICES AND TRADE CORP., MARANAW HOTELS & RESORT CORP., NORTHERN TOBACCO REDRYING PLANT, PROGRESSIVE FARMS, INC., SHAREHOLDINGS, INC., SIPALAY TRADING CORP., VIRGO HOLDINGS & DEVELOPMENT CORP., and ATTY. ESTELITO P. MENDOZA, Respondents.

G.R. Nos. 151809-12 | 2005-04-12

SEPARATE OPINION


PANGANIBAN, J.:

The Petition in this case should be DISMISSED on two grounds: (1) res judicata, specifically, conclusiveness of judgment; and (2) prescription.

In his Dissent, the esteemed Justice Romeo J. Callejo Sr. argues that Atty. Estelito P. Mendoza violated Rule 6.03 of the Code of Professional Responsibility,[1] because after leaving his post as solicitor general, he appeared as counsel in a "matter in which he had intervened while he was in said service" (as solicitor general). He postulates that the Code of Professional Responsibility should be a beacon to assist good lawyers "in navigating an ethical course...