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Roque Gumaua vs. Romeo Espino, et al. [ SEPARATE OPINIONS ]

ROQUE GUMAUA, petitioner, vs. MAJOR GENERAL ROMEO ESPINO, in his capacity as Chief of Staff of the Armed Forces of the Philippines and MILITARY COMMISSION NO. 2, respondents

G.R. No. L-36188 | 1980-02-29

Separate Opinions

FERNANDO, C.J., concurring:

The lucid and comprehensive opinion of the Court, penned by Justice Makasiar, reaches a result with which I am in full agreement. The compulsion exerted by the cases relied upon does not warrant any other conclusion. Nonetheless, I feel the need for a reiteration of my views in those previous decisions where I could not fully subscribe to the reasoning that the Court found persuasive.

1. First as to Javellana v. The Executive Secretary. 1 It is to be admitted that the vote for the ratification of the 1973 Constitution was overwhelming. Nonetheless, I felt I had to dissent. It was my view that the...