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Cojuangco vs. PCGG [Separate Opinions, GUTIERREZ, JR., J.]

EDUARDO M. COJUANGCO, JR., petitioner, vs. PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT (PCGG) AND HON. FRANCISCO I. CHAVEZ in his capacity as Solicitor General, and the HON. OMBUDSMAN, respondents, MARIA CLARA L. LOBREGAT and JOSE R. ELEAZAR, JR., intervenors. Estelito P. Mendoza and Villareal Law Offices for petitioner. Angara, Abello, Concepcion, Regala & Cruz for intervenors.

G.R. Nos. 92319-20 | 1990-10-02

Separate Opinions
 
GUTIERREZ, JR., J.: concurring:
 
I concur in the Court's decision penned by my distinguished colleague, Mr. Justice Emilio A. Gancayco. The PCGG cannot preside over these cases with an even hand, much less inspire the slightest belief in its impartiality and fairness.
 
Where the PCGG has sequestered properties, arrived at precise conclusions, and filed a CIVIL case for the recovery or forfeiture of those properties, it is disqualified from conducting any preliminary investigation of CRIMINAL charges pertaining to the same alleged ill gotten wealth. As an interested party in the CIVIL case, it is incapable...