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Republic of the Philippines, et al. vs. Hon. Henrick F. Gingoyon, et al. [SEPARATE OPINION, PUNO, J.]

REPUBLIC OF THE PHILIPPINES, Represented by Executive Secretary Eduardo R. Ermita, the DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), and the MANILA INTERNATIONAL AIRPORT AUTHORITY (MIAA), Petitioners vs. HON. HENRICK F. GINGOYON, In his capacity as Presiding Judge of the Regional Trial Court, Branch 117, Pasay City and PHILIPPINE INTERNATIONAL AIR TERMINALS CO., INC., Respondents.

G.R. No. 166429 | 2005-12-19

SEPARATE OPINION 

PUNO, J.:

I join the exhaustive Dissent of Mr. Justice Corona. In addition, I proffer the following thoughts:


Agan case did not preclude 
right of State to expropriate 

The majority opinion took excruciating pains to reconcile our Decision in Agan and the inherent right of the State to expropriate private property. With due respect, the effort is strained and unnecessary for there nothing in Agan where it can be deduced that the right of the State to expropriate the subject property has been impaired or diminished. In Agan, we simply held: 

x x x

This Court, however, is not unmindful of the reality...