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Republic of The Philippines, et al. vs. Hon. Henrick F. Gingoyon, et al. [DISSENTING OPINION, CORONA, J.]

REPUBLIC OF THE PHILIPPINES, Represented by Executive Secretary Eduardo R. Ermita, the DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), and the MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA), Petitioners vs. HON. HENRICK F. GINGOYON, In his capacity as Presiding Judge of the Regional Trial Court, Branch 117, Pasay City and PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC., Respondents. [DISSENTING OPINION, CORONA, J.]

G.R. No.166429 | 2006-02-01

DISSENTING OPINION 

CORONA:

In the Court's December 19, 2005 decision, the majority relied heavily on a strained interpretation of the 2004 resolution in Agan v. PIATCO and concluded that Rule 67 of the Rules of Court violated Agan. It then ruled that RA 8974 governed the expropriation of the NAIA IPT3. I wrote a dissenting opinion. 

Petitioners are before us again with their motion for partial reconsideration, alleging that the December 19, 2005 decision requiring prior payment to PIATCO before any government takeover of NAIA IPT3 will only further delay instead of hasten its opening and operation. According to petitioners, the...