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Emilio M.R. Osmena, et al. Vs. Comelec [DISSENTING OPINION, ROMERO, J.]

EMILIO M.R. OSMENA and PABLO P. GARCIA, petitioners, vs. THE COMMISSION ON ELECTIONS, respondent. [DISSENTING OPINION, ROMERO, J.]

G.R. No. 132231 | 1998-03-31

ROMERO, J ., dissenting:

"A foolish consistency is the hobgoblin of little minds . . ." 1 

Not wishing to be held hostage by Emerson's "hobgoblin," I dare to break away from a past position and encapsulize my ruminations in a dissenting opinion.

When, If At All, May The Court Reverse Itself ?

The majority, reiterating the 1992 decision NPC v. COMELEC , holds that Section 11(b) of R.A. 6646 is a reasonable restriction on the freedom of expression guaranteed by the Constitution. 2 Our six-year experience with the ban on political advertisements, however, constrains me to dissent. While it is desirable, even imperative, that this Court, in...