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G.R. No. 34150, October 16, 1971,
♦ Decision, Barredo, [J]
♦ Separate Opinion, Makalintal, [J]
♦ Concurring Opinion, Reyes J.B.L., Zaldivar, Castro & Makasiar [JJ]
♦ Concurring & Dissenting Opinion, Fernando, [J]

EN BANC

G.R. No. L-34150 October 16, 1971

ARTURO M. TOLENTINO, petitioner,
vs.
COMMISSION ON ELECTIONS, and THE CHIEF ACCOUNTANT, THE AUDITOR, and THE DISBURSING OFFICER OF THE 1971 CONSTITUTIONAL CONVENTION, respondents, RAUL S. MANGLAPUS, JESUS G. BARRERA, PABLO S. TRILLANA III, VICTOR DE LA SERNA, MARCELO B. FERNAN, JOSE Y. FERIA, LEONARDO SIGUION REYNA, VICTOR F. ORTEGA, and JUAN V. BORRA, Intervenors.

Arturo M. Tolentino in his own behalf.

Ramon A. Gonzales for respondents Chief Accountant and Auditor of the 1971 Constitutional Convention.

Emmanuel Pelaez, Jorge M. Juco and Tomas L. Echivarre for respondent Disbursing Officer of the 1971 Constitutional Convention.

Intervenors in their own behalf.


Separate Opinions


MAKALINTAL, J., reserves his vote —

I reserve my vote. The resolution in question is voted down by a sufficient majority of the Court on just one ground, which to be sure achieves the result from the legal and constitutional viewpoint. I entertain grave doubts as to the validity of the premises postulated and conclusions reached in support of the dispositive portion of the decision. However, considering the urgent nature of this case, the lack of time to set down at length my opinion on the particular issue upon which the decision is made to rest, and the fact that a dissent on the said issue would necessarily be inconclusive unless the other issues raised in the petition are also considered and ruled upon — a task that would be premature and pointless at this time — I limit myself to this reservation.


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