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Republic vs. Emiliano R. Nolasco

REPUBLIC OF THE PHILIPPINES, Represented by Department of Public Works and Highways (DPWH) under Secretary Simeon Datumanong and Undersecretary Edmundo V. Mir, then Chairman Of Bid and Awards Committee (BAC), Assistant Secretary Bashir D. Rasuman, BAC Vice-Chairman, Director Oscar D. Abundo, BAC Member Director OIC-Director Antonio V. Malano, Jr., BAC Member and Project Director Philip F. Menez, Petitioner, versus EMILIANO R. NOLASCO, Respondent.

G.R. No. 155108 | 2005-04-27

D E C I S I O N 
 
 
Tinga, J.: 
 
An obiter dictum is a nonessential, welcome and sublime like a poem of love in a last will or unwanted and asinine as in brickbats in a funeral oration. It is neither enforceable as a relief nor the source of a judicially actionable claim. However, by reason of its non-binding nature, the pronouncement does not generally constitute error of law or grave abuse of discretion, even if it proves revelatory of the erroneous thinking on the part of the judge. It is chiefly for that reason that this petition is being denied, albeit with all clarifications necessary to leave no doubt as to the...