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Province of North Cotabato v. GRP Peace Panel [ DISSENTING OPINION VELASCO, JR., J. ]

THE PROVINCE OF NORTH COTABATO, duly represented by GOVERNOR JESUS SACDALAN and/or VICE-GOVERNOR EMMANUEL PI?OL, for and in his own behalf, Petitioners, versus THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE PANEL ON ANCESTRAL DOMAIN (GRP), represented by SEC. RODOLFO GARCIA, ATTY. LEAH ARMAMENTO, ATTY. SEDFREY CANDELARIA, MARK RYAN SULLIVAN and/or GEN. HERMOGENES ESPERON, JR., the latter in his capacity as the present and duly-appointed Presidential Adviser on the Peace Process (OPAPEOPLE) or the so-called Office of the Presidential Adviser on the Peace Process, Respondents. [ DISSENTING OPINION VELASCO, JR., J. ]

G.R. No. 183591 | 2008-10-14

DISSENTING OPINION


VELASCO, JR., J.:


It is a well-settled canon of adjudication that an issue assailing the constitutionality of a government act should be avoided whenever possible.[1] Put a bit differently, courts will not touch the issue of constitutionality save when the decision upon the constitutional question is absolutely necessary to the final determination of the case, i.e., the constitutionality issue must be the very lis mota of the controversy.[2] It is along the line set out above that I express my dissent and vote to dismiss the consolidated petitions and petitions-in-intervention principally seeking to nullify the...