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GIOS-SAMAR, Inc. vs. DOTC [CONCURRING OPINION, LEONEN, J.]

GIOS-SAMAR, INC., REPRESENTED BY ITS CHAIRPERSON GERARDO M. MALINAO, PETITIONER, VS. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS AND CIVIL AVIATION AUTHORITY OF THE PHILIPPINES, RESPONDENTS.

G.R. No. 217158 | 2019-03-12

CONCURRING OPINION

LEONEN, J.:

I agree with the disposition of this case as proposed in the Decision written by Associate Justice Francis H. Jardeleza. To clarify the reasons for my vote, I add the following brief points.

 
I

Indeed, the claims made by petitioner GIOS-SAMAR, Inc. require a more contextual appreciation of the evidence that it may present to support its claims. The nature of its various allegations requires the presentation of evidence and inferences, which should, at first instance, be done by a trial court.[1]

Monopolization should not be lightly infened especially since efficient business organizations are rewarded by the...