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DBP vs. Pundogar [SEPARATE OPINION, DISSENTING, GUTIERREZ, J.R., J.]

DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY and NATIONAL STEEL CORPORATION, petitioners, vs. JUDGE AMIR PUNDOGAR, in his capacity as Presiding Judge of the Regional Trial Court of Iligan City, 12th Judicial Region, Branch III, FERNANDO JACINTO, JACINTO STEEL, INC., and ILIGAN INTEGRATED STEEL MILLS, INC., respondents.

G.R. No. 96921 | 1993-01-29

GUTIERREZ, JR., J.:Dissenting Opinion

The issue in this petition is whether or not in the name of economic development, the Government can act in a manner basically unfair and arbitrary and deny to a party with a legitimate grievance, a remedy in law.

With all due respect to the majority of the Court, I find its recitation of the alleged facts unfair. The absorbing litany of mismanagement, diversion of profits, fixing of financial statements, and other horrifying corporate malpractices arose from a court trial where only one party could present its side. The owners were stripped through military action of all their properties. They could not...