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Militante vs. Court of Appeals [ DISSENTING AND CONCURRING OPINION, DE LEON, JR., J.]

PILO MILITANTE, PETITIONER, VS. HON. COURT OF APPEALS, FORMER SIXTH DIVISION, NATIONAL HOUSING AUTHORITY, REPRESENTED BY ITS PROJECT MANAGER, ANNABELLE D. CARANGDANG, AND THE REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

G.R. No. 107040 | 2000-04-12

DISSENTING AND CONCURRING OPINION

DE LEON, JR., J.:

With due respect, I dissent from the majority decision or ponencia of Mr. Justice Reynato S. Puno insofar as it failed and refused to rule on the unconstitutionality of P.D. No. 1315, subject of the second assignment of error of the petition in the case at bench. However, I concur in the result insofar as the ponencia dismisses the petition at bar for failure of the petitioner to exhaust administrative remedies.

Before us is a petition for review of the Decision[1] and Resolution[2] of the Court of Appeals[3] dated April 24, 1992 and August 31, 1992,...