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Magtajas vs Pryce Properties [ Separate Opinions DAVIDE, JR., J. ]

MAYOR PABLO P. MAGTAJAS & THE CITY OF CAGAYAN DE ORO, petitioners, vs. PRYCE PROPERTIES CORPORATION, INC. & PHILIPPINE AMUSEMENT AND GAMING CORPORATION, respondents [ Separate Opinions DAVIDE, JR., J. ]

G.R. No. 111097 | 1994-07-20

SEPARATE OPINION

DAVIDE, JR., J., concurring: 

While I concur in part with the majority, I wish, however, to express my views on certain aspects of this case. 


It must at once be noted that private respondent Pryce Properties Corporation (PRYCE) directly filed with the Court of Appeals its so-called petition for prohibition, thereby invoking the said court\'s original jurisdiction to issue writs of prohibition under Section 9(1) of B.P. Blg. 129. As I see it, however, the principal cause of action therein is one for declaratory relief: to declare null and unconstitutional - for, inter alia, having been enacted without or in...