EN BANC
G.R. No. L-30001 June 23, 1970
THE DIRECTOR OF PRISONS and THE EXECUTIVE SECRETARY, petitioners,
vs.
ANG CHO KIO @ ANG MING HUY and THE COURT OF APPEALS, respondents.
Office of the Solicitor General Felix V. Makasiar and Solicitor Bernardo P. Pardo for petitioners.
Norberto J. Quisumbing for respondents.
Separate Opinions
MAKALINTAL, J., dissenting:
I dissent from the opinion of my brethren insofar as it orders the deletion of the recommendation of three of the five Justices who constituted the special division of the Court of Appeals which decided this case that the petitioner Ang Cho Kio be allowed "to leave this country by the first available transportation.ℒαwρhi৷" This recommendation is admittedly not a part of the judgment of the said Court; it was not within the issue presented for its resolution; and the fact that it was made at all is a non-prejudicial matter which does not rise to the category of reversible error. I would not begrudge the three Justices who made it the liberty to do so, nor consider their act as an undue trespass upon presidential prerogative. What is involved is, to me, no more than a question of taste, or punctilious observance of certain proprieties concerning which well-meaning men may honestly differ; and I am not prepared to say that there has been such a blatant disregard of either as to call for the interposition of this Court's power of review merely for the purpose of ordering the deletion of the matter objected to.
The Lawphil Project - Arellano Law Foundation
