Back

Louis "Barok" Biraogo vs. The Philippine Truth Commission [SEPARATE OPINION, BERSAMIN, J]

LOUIS "BAROK" C. BIRAOGO, Petitioner, vs. THE PHILIPPINE TRUTH COMMISSION OF 2010, Respondent. REP. EDCEL C. LAGMAN, REP. RODOLFO B. ALBANO, JR., REP. SIMEON A. DATUMANONG, and REP. ORLANDO B. FUA, SR., Petitioners, vs. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR. and DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO B. ABAD, Respondents.

G.R. No. 192935 and G.R. No. 193036 | 2010-12-07

SEPARATE OPINION

BERSAMIN, J.:

I register my full concurrence with the Majority's well reasoned conclusion to strike down Executive Order No. 1 (E.O. No. 1) for its incurable unconstitutionality.

I share and adopt the perspectives of my colleagues in the Majority on why the issuance has to be struck down. I render this Separate Opinion only to express some thoughts on a few matters.

I
Locus Standi of Petitioners

I hold that the petitioners have locus standi.

In particular reference to the petitioners in G.R. No. 193036, I think that their being incumbent Members of the House of Representatives gave them the requisite legal standing to...