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Obiasca vs. Basallote [DISSENTING OPINION, BERSAMIN, J.]

ARLIN B. OBIASCA, PETITIONER, VS. JEANE O. BASALLOTE, RESPONDENT.

G.R. No. 176707 | 2010-02-17

DISSENT

BERSAMIN, J.

I respectfully register my dissent to the learned and comprehensive majority opinion ably written by an esteemed colleague, Justice Renato C. Corona, dismissing the petition that would treat the appointment of the respondent as ineffective on the ground that the appointment did not carry the attestation by the Civil Service Commission (CSC).

As I write, I find myself in the same situation of Justice Joseph Story of the United States Supreme Court nearly 200 years ago, when dissenting from his colleagues on an important case became unavoidable for him. He said then:
 
It is a matter of regret that in this...