G.R. No. 209271/G.R. No. 209276/G.R. No. 209301/G.R. No. 209430 July 26, 2016,
♦ Decision, Perlas-Bernabe, [J]
♦ Concurring Opinion, Leonen, [J]

CONCURRING OPINION

LEONEN, J.:

I concur with the Resolution1 penned by my esteemed colleague Associate Justice Estela M. Perlas-Bernabe. In addition to her points, I reiterate by reference the points I raised in my Concurring Opinion,2 which was promulgated with the original Decision3 in this case.

I reserve opinion on whether the "exceptional character of the situation and the paramount public interest"4 can be a ground for ruling on a case despite it becoming moot and academic. In my view, a more becoming appreciation of the judiciary's role in the entire constitutional order should always give pause to go beyond the issues crystallized by an actual case with a real, present controversy. Going beyond the parameters of a live case may be an invitation to participate in the crafting of policies properly addressed to the other departments and organs of government. I am of the belief that the judiciary should take an attitude of principled restraint.

Nonetheless, I agree with the ponencia that the exception is not involved in this case.1âwphi1

The constitutionality of Department of Agriculture Administrative Order No. 8, Series of 2002, was properly raised. In any case, there is now a new regulatory measure, the validity of which is not in issue. Whether the repealed Administrative Order was raised need no longer be discussed.

ACCORDINGLY, I join the grant of the Motions for Reconsideration.

MARVIC M.V.F. LEONEN
Associate Justice


Footnotes

1 International Service for the Aquisition of Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Philippines), et al. (Resolution), G.R. No. 209271, July 5, 2016 [Per J. Perlas-Bernabe, En Banc].

2 J. Leonen, Concurring in Opinion in International Service for the Aquisition of Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Philippines), et al., G.R. No. 209271, December 8, 2015

<http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/20 l 5/december20 I 5/209271_leonen.pdf> [Per J. Villarama, Jr., En Banc].

3 International Service for the Aquisition of Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Philippines), et al., G.R. No. 209271, December 8, 2015 <http:/ /sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/december2015/209271 _leonen.pdf> [Per J. Villarama, Jr., En Banc].

4 International Service for the Aquisition of Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Philippines), et al. (Resolution), G.R. No. 209271, July 5, 2016, p. 9 [Per J. Perlas-Bernabe, En Banc].


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