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FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, PETITIONER, VS. COLON HERITAGE REALTY CORPORATION, OPERATOR OF ORIENTE GROUP THEATERS, REPRESENTED BY ISIDORO A. CANIZARES, RESPONDENT. [G.R. No. 204418] FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, PETITIONER, VS. CITY OF CEBU AND SM PRIME HOLDINGS, INC., RESPONDENTS. [CONCURRING OPINION LEONEN, J.]

FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, PETITIONER, VS. COLON HERITAGE REALTY CORPORATION, OPERATOR OF ORIENTE GROUP THEATERS, REPRESENTED BY ISIDORO A. CANIZARES, RESPONDENT. [G.R. No. 204418] FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, PETITIONER, VS. CITY OF CEBU AND SM PRIME HOLDINGS, INC., RESPONDENTS. [CONCURRING OPINION LEONEN, J.]

G.R. No. 203754 | 2015-06-16

CONCURRING OPINION
 
LEONEN, J.:
 
I concur with the majority that Sections 13 and 14 of Republic Act No. 9167[1] are unconstitutional because these infringe on the principle of local autonomy enshrined in the 1987 Constitution.[2]
 
I write this separate opinion to express the view that our decision in this case should not be read as a prohibition against other forms of grants, subsidies, and incentives to the arts.
 
The development and promotion of culture and the arts are recognized as a vital aspect of nation building. During the period of the Freedom Constitution, then President Corazon C. Aquino recognized the importance...