CONCHITA CARPIO MORALES Associate Justice PRESBITERO J. VELASCO, JR. Associate Justice ANTONIO EDUARDO B. NACHURA Associate Justice TERESITA J. LEONARDO-DE CASTRO Associate Justice ARTURO D. BRION Associate Justice DIOSDADO M. PERALTA Associate Justice LUCAS P. BERSAMIN Associate Justice MARIANO J. DEL CASTILLO Associate Justice ROBERTO A. ABAD Associate Justice MARTIN S. VILLARAMA, JR. Associate Justice JOSE PORTUGAL PEREZ Associate Justice JOSE CATRAL MENDOZA Associate Justice CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Court. ANTONIO T. CARPIO Acting Chief Justice Footnotes * On official leave. ** Acting Chief Justice. The Court of Appeals was originally impleaded as public respondent; however, it was excluded pursuant to Rule 45, Section 4 of the Rules of Court. 1 2 Under Rule 45 of the Rules of Court. Penned by Associate Justice Delilah Vidallon-Magtolis (retired) and concurred in by Associate Justices Bienvenido L. Reyes and Rosalinda Asuncion-Vicente of the former Sixth Division of the Court of Appeals. Rollo, pp. 26-42. 3 4 Id., p. 43. 5 Rollo, p. 46.