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Lt. (Sg) Eugene Gonzales, et al. vs. Gen. Narciso Abaya, et al. [CONCURRING AND DISSENTING OPINION, TINGA, J.]

LT. (SG) EUGENE GONZALES, LT. (SG) ANDY TORRATO, LT. (SG) ANTONIO TRILLANES IV, CPT. GARY ALEJANO, LT. (SG) JAMES LAYUG, CPT. GERARDO GAMBALA, CPT. NICANOR FAELDON, LT. (SG) MANUEL CABOCHAN, ENS. ARMAND PONTEJOS, LT. (JG) ARTURO PASCUA, and 1LT. JONNEL SANGGALANG, Petitioners, versus GEN. NARCISO ABAYA, in his capacity as Chief of Staff of the Armed Forces of the Philippines, and B. [1/3] GEN. MARIANO M. SARMIENTO, JR., in his capacity as the Judge Advocate General of the Judge Advocate General's Office (JAGO), Respondents.

G.R. No. 164007 | 2006-08-10

SEPARATE OPINION 
(Concurring and Dissenting) 
 
 
Tinga, J.: 
 
My concurrence to the dismissal of the petition is limited to a much narrower ground than that offered by the majority opinion, which, with due respect, I am unable to fully join and thus impelled to mostly dissent from. The broad propositions adopted by the majority render inutile Republic Act No. 7055, (RA 7055) that generally restored civil jurisdiction over offenses involving members of the Armed Forces of the Philippines (AFP). This law stands as a key implement in the restoration of civilian supremacy over the military, a precept that was...