Molina V Rafferty
Molina V Rafferty
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FlSHER, J.:
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I dissent.
As I understand them, the contentions of counsel in
support of the motion for a rehearing and reconsideration
are substantially identical with those adduced in the briefs
and the oral arguments when the case was originally
submitted. I have heard nothing which would lead me to
modify my views or my vote when the case was decided and
the decision promulgated.
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PHILIPPINE REPORTS ANNOTATED VOLUME 038 10/7/17, 9(21 AM
This case well illustrates how on the same facts, the same
law, and the same authorities, judges can arrive at
diametrically opposed conclusions.
Take the facts. They are stipulated. The only difference
is that possibly unconsciously, in order to fortify the
conclusion, the decision of the majority on reconsideration
would stress the point that an important article of diet
consumed by fish grown in a pond consists of certain
marine plants which grow from roots which affix
themselves to the bottom of the pond, while the1 original
decision as well as the decision in the Laxa case, possibly
also in order to fortify their conclusions, would stress the
scientific fact that the food of the bangus includes marine
plants, that these algae are of seven classes, that one of
these plants is rooted, that some of the others are very
loosely attached to the ground but not rooted, and that
generally the algae float on the water.
Or take the law. The section in dispute is made up of a
few simple words. In reality, the meaning of the phrase,
"agricultural products," is only to be ascertained. The
primary duty of the court is, of course, to ascertain
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