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Philip Sigfrid A. Fortun , et al. vs.Gloria Macapagal- Arroyo, et al. [DISSENTING OPINION, J. VALESCO, JR.]

[G.R. No. 190293] PHILIP SIGFRID A. FORTUN AND ALBERT LEE G. ANGELES, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, AS COMMANDER-IN-CHIEF AND PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, EDUARDO ERMITA, EXECUTIVE SECRETARY, ARMED FORCES OF THE PHILIPPINES (AFP), OR ANY OF THEIR UNITS, PHILIPPINE NATIONAL POLICE (PNP), OR ANY OF THEIR UNITS, JOHN DOES AND JANE DOES ACTING UNDER THEIR DIRECTION AND CONTROL, RESPONDENTS. [G.R. NO. 190294] DIDAGEN P. DILANGALEN, PETITIONER, VS. EDUARDO R. ERMITA IN HIS CAPACITY AS EXECUTIVE SECRETARY, NORBERTO GONZALES IN HIS CAPACITY AS SECRETARY OF NATIONAL DEFENSE, RONALDO PUNO IN HIS CAPACITY AS SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, RESPONDENTS. [G.R. NO. 190301] NATIONAL UNION OF PEOPLE's LAWYERS (NUPL) SECRETARY GENERAL NERI JAVIER COLMENARES, BAYAN MUNA REPRESENTATIVE SATUR C. OCAMPO, GABRIELA WOMEN'S PARTY REPRESENTATIVE LIZA L. MAZA, ATTY. JULIUS GARCIA MATIBAG, ATTY. EPHRAIM B. CORTEZ, ATTY. JOBERT ILARDE PAHILGA, ATTY. VOLTAIRE B. AFRICA, BAGONG ALYANSANG MAKABAYAN (BAYAN) SECRETARY GENERAL RENATO M. REYES, JR. AND ANTHONY IAN CRUZ, PETITIONERS, VS. PRESIDENT GLORIA MACAPAGAL-ARROYO, EXECUTIVE SECRETARY EDUARDO R. ERMITA, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL VICTOR S. IBRADO, PHILIPPINE NATIONAL POLICE DIRECTOR GENERAL JESUS A. VERZOSA, DEPARTMENT OF JUSTICE SECRETARY AGNES VST DEVANADERA, ARMED FORCES OF THE PHILIPPINES EASTERN MINDANAO COMMAND CHIEF LIEUTENANT GENERAL RAYMUNDO B. FERRER, RESPONDENTS. [G.R. NO. 190302] JOSEPH NELSON Q. LOYOLA, PETITIONER, VS. HER EXCELLENCY PRESIDENT GLORIA MACAPAGAL-ARROYO, ARMED FORCES CHIEF OF STAFF GENERAL VICTOR IBRADO, PHILIPPINE NATIONAL POLICE (PNP), DIRECTOR GENERAL JESUS VERZOSA, EXECUTIVE SECRETARY EDUARDO ERMITA, RESPONDENTS. [G.R. NO. 190307] JOVITO R. SALONGA, RAUL C. PANGALANGAN, H. HARRY L. ROQUE, JR., JOEL R. BUTUYAN, EMILIO CAPULONG, FLORIN T. HILBAY, ROMEL R. BAGARES, DEXTER DONNE B. DIZON, ALLAN JONES F. LARDIZABAL AND GILBERT T. ANDRES, SUING AS TAXPAYERS AND AS CONCERNED FILIPINO CITIZENS, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, IN HIS (SIC) CAPACITY AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, HON. EDUARDO ERMITA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, AND HON. ROLANDO ANDAYA IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, GENERAL VICTOR IBRADO, IN HIS CAPACITY AS ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF, DIRECTOR JESUS VERZOSA, IN HIS CAPACITY AS CHIEF OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190356] BAILENG S. MANTAWIL, DENGCO SABAN, ENGR. OCTOBER CHIO, AKBAYAN PARTY LIST REPRESENTATIVES WALDEN F. BELLO AND ANA THERESIA HONTIVEROS-BARAQUEL, LORETTA ANN P. ROSALES, MARVIC M.V.F. LEONEN, THEODORE O. TE AND IBARRA M. GUTIERREZ III, PETITIONERS, VS. THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE, THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY OF BUDGET AND MANAGEMENT, AND THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, THE DIRECTOR GENERAL OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190380] CHRISTIAN MONSOD AND CARLOS P. MEDINA, JR., PETITIONERS, VS. EDUARDO R. ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, RESPONDENT. [DISSENTING OPINION, J. VALESCO, JR.]

G.R. No. 190293 and G.R. No. 190294 and G.R. No. 190301 and G.R. No. 190302 and G.R. No. 190307 and G.R. No. 190356 and G.R. No. 190380 | 2012-03-20

DISSENTING OPINION
VELASCO, JR., J.:

The martial law era has left the country with harrowing memories of a dark past, thus invoking passionate sentiments from the people and bringing forth remarkable vigilance as a lesson learned, and only rightfully so. Nonetheless, legal discourse must be made within bounds, as must always be the case in a civilized society governed by the rule of law and not of men. It is on the basis of the foregoing precept that I am constrained to register my dissent in the instant case.

As can be gathered from the ponencia, the controversy in the instant case revolves around the issuance by then President...