Back

Arroyo vs. DOJ [DISSENTING AND CONCURRING OPINION, BRION J.]

JOSE MIGUEL T. ARROYO, Petitioner versus DEPARTMENT OF JUSTICE; COMMISSION ON ELECTIONS; HON. LEILA DE LIMA, in her capacity as Secretary of the Department of Justice; HON. SIXTO BRILLANTES, .JR., in his capacity as Chairperson of the Commission on Elections; and the JOINT DO.J-COMELEC PRELIMINARY INVESTIGATION COMMITTEE and FACT-FINDING TEAM, Respondents. and BENJAMIN S. ABALOS, SR., Petitioner, versus HON. LEILA DE LIMA, in her capacity as Secretary of Justice; HON. SIXTO S. BRILLANTES, JR., in his capacity as COMELEC Chairperson; RENE V. SARMIENTO, LUCENJTO N. TAGLE, ARMANDO V. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM AND AUGUSTO C. LAGMAN, in their capacity as COMELEC COMMISSIONERS; CLARO A. ARELl.ANO, GEORGE C. DEE, JACINTO G. ANG, ROMEO B. FORTES AND MICHAEL D. VILLARET, in their capacity as CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE JOINT DO.J-COMELEC PRELIMINARY INVESTIGATION COMMITTEE ON THE 2004 AND 2007 ELECTION FRAUD Respondents. and GLORIA MACAPAGAL - ARROYO, Petitioner, versus COMMISSION ON ELECTIONS, represented by Chairperson SIXTO S. Brillantes by Secretary Leila M. De Lima, JOINT DO.J - COMELEC, PRELIMINARY INVESTIGATION COMMITTEE, SENATOR AQUILINO M. PIMENTEL, III. and DO.J - COMELEC FACT FINDING TEAM, Respondents.

G.R. No. 199082/G.R. No. 199085/G.R. No. 199118 | 2012-09-18

 
DISSENTING AND CONCURRING OPINION
 
The Boiling Frog
 
Place a frog in boiling water, and 
it will jump out to save itself; 
But place it in cold water and slowly apply heat, 
and the frog will boil to death.1
 
BRION, J.:
 
I open this Dissenting and Concurring Opinion with the tale of the metaphorical "boiling frog" to warn the Court and the readers about the deeper implications of this case – a case that involves a major breach of the Philippine Constitution where the frog stands for the independence of the Commission on Elections (COMELEC).
 
As one American article on the...