In Re del Castillo, A.M. No. 10-7-17-SC, October 12, 2010 (Sereno Dissenting Opinion)

DISSENTING   OPINION

            [I am posting here a digest of the rather lengthy Dissenting Opinion of Justice Maria Lourdes Sereno in A.M. No. 10-7-17-SC promulgated last October 12, 2010. Taken together with her subsequent Dissenting Opinion from the Per Curiam Resolution promulgated on February 8, 2011, this opinion will enable you, dear readers, to compare the reasoning of the majority and the minority in this administrative matter. It is hoped that in being able to do so, you will get a glimpse of how the gods at Padre Faura can sometimes use sophism to justify a pre-ordained result in a controversy.

In Re del Castillo, A.M. No. 10-7-17-SC, October 12, 2010

D E C I S I O N

PER CURIAM:

I.      THE FACTS

In the landmark decision of Vinuya vs. Executive Secretary, G.R. No. 162230, promulgated last April 28, 2010, the Supreme Court DISMISSED the petition filed by a group of Filipino “comfort women” during the Japanese military occupation of the Philippines. The Court, speaking through Justice Mariano C. del Castillo, held that the petition seeking to compel the Executive Department to espouse the petitioners’ claims for official apology and other forms of reparations against Japan before the International Court of Justice and other international tribunals has NO MERIT because: (1) the prerogative to determine whether to espouse petitioners’ claims against Japan belongs exclusively to the Executive Department; and (2) the Philippines is not under any international obligation to espouse the petitioners’ claims.

Dante Liban, et al. v. Richard Gordon, G.R. No. 175352, January 18, 2011

R E S O L U T I O N

LEONARDO-DE CASTRO, J.:

I.          THE FACTS

Petitioners Liban, et al., who were officers of the Board of Directors of the Quezon City Red Cross Chapter, filed with the Supreme Court what they styled as “Petition to Declare Richard J. Gordon as Having Forfeited His Seat in the Senate” against respondent Gordon, who was elected Chairman of the Philippine National Red Cross (PNRC) Board of Governors during his incumbency as Senator.