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Javellana vs. The Executive Secretary, et al. [ SEPARATE OPINION FERNANDO, J. ]

JOSUE JAVELLANA, petitioner vs. THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE and THE SECRETARY OF FINANCE, respondents. / VIDAL TAN, J. ANTONIO ARANETA, ALEJANDRO ROCES, MANUEL CRUDO, ANTONIO U. MIRANDA, EMILIO DE [ SEPARATE OPINION FERNANDO, J. ]

G.R. No. L-36142 / No. L-36164 / No. L-36165 / No. L-36236 / No. L-36283 | 1973-03-31

SEPARATE OPINION

FERNANDO, J., dissenting: 

No question more momentous, none impressed with such transcendental significance is likely to confront this Court in the near or distant future as that posed by these petitions. For while the specific substantive issue is the validity of Presidential Proclamation No. 1102, an adverse judgment may be fraught with consequences that, to say the least, are far-reaching in its implications. As stressed by respondents, "what petitioners really seek to invalidate is the new Constitution." 1 Strict accuracy would of course qualify such statement that what is in dispute, as noted in the opinion of the...