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Joseph Victor G. Ejercito vs. Sandiganbayan [DISSENTING OPINION, SANDOVAL-GUTIERREZ, J.]

JOSEPH VICTOR G. EJERCITO, PETITIONER, VERSUS SANDIGANBAYAN (SPECIAL DIVISION) AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

G.R. Nos. 157294-95 | 2006-11-30

DISSENTING OPINION

SANDOVAL-GUTIERREZ, J.:

I regret I cannot give my assent to the ponencia of Madame Justice Conchita Carpio Morales. To my mind, no member of a democratic society can honestly argue that there is nothing wrong in an examination of a bank account to the complete ignorance of its holder. This is the kind of conduct referred to in Rochin v. California,[1] as one that "shocks the conscience," "one that is bound to offend hardened sensibilities." This abusive conduct must be stricken if we are to maintain decency, fair play, and fairness in our judicial system. Nothing can destroy a government more quickly...