Back

Heirs of Delgado vs. Gonzales [SEPARATE OPINION, DISSENTING, VELASCO, JR., J.]

HEIRS OF FEDERICO C. DELGADO and ANNALISA PESICO, Petitioners, versus LUISITO Q. GONZALEZ and ANTONIO T. BUENAFLOR, Respondents.

G.R. No. 184337 | 2009-08-07

D I S S E N T I N G   O P I N I O N

VELASCO, JR., J.: 

I register my dissent to the majority opinion on the main ground that the Court should have entertained and resolved the petition on the merits.

It is conceded that only the Solicitor General may bring and defend actions in behalf of the Republic of the Philippines or represent the State in criminal actions before this Court.[1] As stated in the ponencia, this general rule admits of two exceptions: (1) when there is denial of due process of law to the prosecution and the State or its agents refuse to act on the case to the prejudice of the State and the private...