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Armita B. Rufino, et al. vs. Baltazar N. Endriga, et al [DISSENTING OPINION, TINGA, J.]

ARMITA B. RUFINO, ZENAIDA R. TANTOCO, LORENZO CALMA, RAFAEL SIMPAO, JR., and FREDDIE GARCIA, Petitioners vs. BALTAZAR N. ENDRIGA, MA. PAZ D. LAGDAMEO, PATRICIA C. SISON, IRMA PONCE-ENRILE POTENCIANO, and DOREEN FERNANDEZ, Respondents.

G.R. No. 139554 | 2006-07-21

DISSENTING OPINION 

Tinga, J.:


The majority's ruling is not as innocuous as it may seem. It is of monumental but disturbing consequence. It upsets the delicate balance ordained by our constitutional system, which reposes on the three equal branches of government different inherent functions augmented by specifically chartered duties. In one fell swoop, it expands executive power in unprecedented fashion while diminishing the inherent plenary power of Congress to make laws as explicitly guaranteed by the Constitution. It gives license to the President to disregard the laws enacted by Congress although it is the Chief Executive's sworn...