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Philippine National Oil vs. Keppel Philippines [DISSENTING OPINION, LEONEN, J]

PHILIPPINE NATIONAL OIL COMPANY AND PNOC DOCKYARD & ENGINEERING CORPORATION, PETITIONERS, VS. KEPPEL PHILIPPINES HOLDINGS, INC., RESPONDENT.

G.R. No. 202050 | 2016-07-25

DISSENTING OPINION

LEONEN, J:

I am unable to join the ponencia in its ruling affirming the constitutionality of the Agreement between Luzon Stevedoring Corporation (LUSTEVECO)—the rights and obligations of which were later acquired by its successor-in-interest, petitioners Philippine National Oil Company (PNOC) and PNOC Dockyard & Engineering Corporation—and respondent Keppel Philippines Holdings, Inc. (KPHI).

The Constitution has consistently adopted a policy aligned with the conservation of national patrimony. In Article XIII, Section 5 of the 1935 Constitution:
 
ARTICLE XIII
Conservation and Utilization of Natural...