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James Mirasol, et al. Vs. Dept. of Public Works & Highways, et al. [DISSENTING OPINION, Tinga, J.]

JAMES MIRASOL, RICHARD SANTIAGO, and LUZON MOTORCYCLISTS FEDERATION, INC., Petitioners vs. DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS and TOLL REGULATORY BOARD, Respondents. [DISSENTING OPINION, TINGA, J.]

G.R. No. 158793 | 2006-06-08

DISSENTING OPINION


Tinga, J.:

I dissent from the opinion which has found favor with the majority holding that Department of Public Works and Highways (DPWH) Department Orders Nos. 74, 215 and 123 are void for want of authority on the part of the DPWH to promulgate them. 

The fundamental question which seeks an answer from this Court is which between the DPWH and the Department of Transportation and Communications (DOTC) has the charge of implementing Republic Act No. 2000, otherwise known as the Limited Access Highway Act. These two departments have mutually exclusive functions in the general scheme of government. The DPWH oversees the...