B. PIO DURAN v. SALVADOR ABAD SANTOS

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B. Dissenting Opinion of PERFECTO, J. in PIO DURAN v.

SALVADOR ABAD
SANTOS (G.R. No. L-99, November 16, 1945)
Questions:
i. Do you agree with the Dissenting Opinion of Justice Gregorio Perfecto?
Are we Christians? Do we believe in the teachings of the Bible? Have we
faith in the biblical doctrines which are the vitalizing essentials of the
Democracy? How can we" return every man unto his family" if we deprive
him of his personal freedom in utter violation of the cardinal mandates of
our Constitution, wherein it is solemnly enjoined that "No person shall be
deprived of his liberty without due process of law"? How can we
"Proclaim liberty throughout all the land unto all the inhabitants", when we
are keeping in bondage one of the citizens of our country in complete
disregard of the laws of the land?

"Can the liberties of an nation be thought secure" — asked Jefferson — "


when we have removed their only firm basis, a conviction in the mind of
the people these liberties are of the gift of God? That they are not to be
violated but with his wrath? Indeed, I tremble for my country when I
reflect that God is just; that his justice cannot sleep forever; that
considering numbers, nature and natural means only, a revolution of the
wheel of fortune, an exchange of situation is among possible events; that
it may become a probable by supernatural interference. The Almighty has
no attribute which can take sides with us in such as a contest."

"Had the social and political significance of Jesus's teachings of the worth
of the individual soul borne its fruit in the practice of the Church, the world
might long ago have seen a lasting free society. For Jesus, all men were
brothers and equally precious in the sight of God, their Father. Jew and
Gentile, bond and free, black and white, each was free to work out his
own salvation. In the realm of the spirit the early Christian philosophy
exalted the individual, giving him freedom to choose and to 'bear
testimony.'"

-We have, we must have, a government of laws. The equal protection of


the laws shall not be denied to anyone, rich or poor, old or young, wise or
fool, man or woman, noble or lowly, prince or tatterdemalion, saint or
depraved, patriot or traitor, citizen or man without country.
ii. Why do you think Justice Perfecto alluded to the words of philosopher-jurist
Jhering, “I crave the law” in the latter’s book “The Struggle for law” in writing
his Dissenting Opinion?

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