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Antonio M. Serrano vs. Gallant Maritime Services, Inc. [SEPARATE CONCURRING OPINION, CARPIO, J.]

ANTONIO M. SERRANO, Petitioner, vs Gallant MARITIME SERVICES, INC. and MARLOW NAVIGATION CO., INC., Respondents.

G.R. No. 167614 | 2009-03-24

SEPARATE CONCURRING OPINION


CARPIO, J.:

I concur that the provision "or for three (3) months for every year of the unexpired term, whichever is less" in Section 10, paragraph 5,[1] of Republic Act (RA) No. 8042[2] is unconstitutional, but on a different ground. The provision violates the prohibition against deprivation of property without due process of law. It is an invalid exercise of police power.

Section 1, Article III, of the Constitution states that no person shall be deprived of property without due process of law. Protected property includes the right to work and the right to earn a living. In JMM Promotion and Management,...