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Chavez Vs. Gonzales [SEPARATE OPINION, DISSENTING AND CONCURRING, TINGA, J.]

Francisco Chavez, Petitioner, versus RAUL M. GONZALES, in his capacity as the Secretary of the Department of Justice; and NATIONAL TELECOMMUNICATIONS COMMISSION (NTC), Respondents.

G.R. No. 168338 | 2008-02-18

SEPARATE OPINION

(DISSENTING AND CONCURRING)




Tinga, J.:


This case, involving as it does the perennial clash between fundamental individual freedoms and state power, confronts the Court with a delicate and difficult balancing task.

With all due respect with a little more forbearance, the petition could have been conduced to a denouement of congruity but without diminishing the level of scrutiny that the crucial stakes demand. I trust though that future iterations of this Court, more divorced from some irrational aspects of the passions of these times, will further refine the important doctrines laid down today.

Several considerations...