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People vs. Benjamin 'Kokoy' Romualdez [DISSENTING OPINION, BRION, J.]

PEOPLE OF THE PHILIPPINES, Petitioner, versus BENJAMIN 'KOKOY' ROMUALDEZ, and SANDIGANBAYAN, Respondent.

G.R. No. 166510 | 2009-04-29

D I S S E N T I N G     O P I N I O N 

BRION, J.: 

I vote to deny the admission of the respondent's (Benjamin "Kokoy" T. Romualdez) second motion for reconsideration of our Decision dated July 23, 2008 on the following grounds - 

I. The Court has no jurisdiction to rule on the issue of prescription. 

a. The issue of prescription is irrelevant and outside this Court's authority to rule upon as it was not an issue raised in the Rule 65 petition for certiorari that the People of the Philippines filed. 

b. The respondent's comment on the petition for certiorari is not legally sufficient to vest jurisdiction on...