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Governor Garcia etc. vs. Court of Appeals [DISSENTING OPINION, PERALTA, J.]

GOVERNOR ENRIQUE T. GARCIA, JR., AURELIO C. ANGELES, JR., EMERLINDA S. TALENTO AND RODOLFO H. DE MESA, PETITIONERS, VS. COURT OF APPEALS 12TH DIVISION, HON. MERCEDITAS NAVARRO-GUTIERREZ, IN HER CAPACITY AS OMBUDSMAN, HON. ORLANDO S. CASIMIRO, IN HIS CAPACITY AS OVERALL DEPUTY OMBUDSMAN, HON. RONALDO D. PUNO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, JOSECHITO B. GONZAGA, RUEL A. MASINO AND ALFREDO B. SANTOS, RESPONDENTS.

G.R. No. 185132 | 2009-04-24

DISSENTING OPINION

PERALTA, J.:

I beg to differ from the Resolution of the majority.

The issue presented before us is not a novelty that would otherwise require a groundbreaking yet unfamiliar approach. Whether the Court of Appeals' deferment of action on petitioners' prayer for a temporary restraining order (TRO) demonstrates an error so grave as to constitute a capricious and arbitrary abuse of discretion, may be addressed by applying the most plain and simple principles of procedure.

I begin with my observation that the instant petition is infirm as it exemplifies a deliberate act of forum shopping. While indeed a superficial...