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Justice Teehankee, it may be stated, is of the opinion that a simple majority of seven votes out of twelve is legally sufficient to make the withdrawal of Diokno's petition effective, on the theory that the requirement of a majority of eight votes applies only to a decision on the merits. It was in fact from that perspective that I deemed it proper to respond in kind, that is, from a non-judicial forum, in an address I delivered on February 19, 1974 before the LAWASIA, the Philippine Bar Association and the Philippine Lawyers' Association.

JUAN PONCE ENRILE, THE SECRETARY OF NATIONAL DEFENSE; LT. ROMEO ESPINO, CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES: AND BRIG. The impracticability of the suggestion shortly became apparent for a number of reasons, only two of which need be mentioned.

L-35547 September 17, 1974 ENRIQUE VOLTAIRE GARCIA II, petitioner, vs. Indeed my impression is that they were beamed less at this Court than at the world outside and designed to make political capital of his personal situation, as the publicity given to them by some segments of the foreign press and by local underground propaganda news sheets subsequently confirmed.

JUAN PONCE ENRILE, SECRETARY OF NATIONAL DEFENSE, respondents. For my part, since most of those statements are of a subjective character, being matters of personal belief and opinion, I see no point in refuting them in these cases.

JUAN PONCE ENRILE, SECRETARY OF NATIONAL DEFENSE; HON. This notwithstanding, some of the opinions of the individual members, particularly Justices Castro and Teehankee, should be taken in the time setting in which they were prepared, that is, before the order for the release of Diokno was issued. The events which form the background of these nine petitions are related, either briefly or in great detail, in the separate opinions filed by the individual Justices.

RAMOS, CHIEF, PHILIPPINE CONSTABULARY, respondents. In any event, as it turned out, after petitioner Diokno was released by the President on September 11 all the members of this Court except Justice Castro were agreed that his petition had become moot and therefore should no longer be considered on the merits.

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