Sereno dissent:
"x x x.
If she has been shown to be prone to submitting to this Court documents belying her own allegations, this Court must pause, and at the very least, listen to the side of the Government. Indeed, petitioners’ applications for authority to travel with the House of Representatives and the Endorsement of the Speaker of the House are crucial documentary evidence that should have been included and considered in the course of granting an ex-parte temporary restraining order, but these were unfortunately, not made available in their entirety by the petitioner in her Petition. That is why a twosided hearing before the Court, and not a mere ex-parte proceeding should have occurred before the majority granted the TRO.
x x x."
See:
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See:
Carpio dissent:
"x xx .
In the present case, petitioners are already undergoing preliminary investigation in several criminal cases, and charges may be filed before the courts while petitioners are abroad. In fairness to the Government which is tasked with the prosecution of crimes, this Court must hear first the Government in oral argument before deciding on the temporary restraining
order which if issued could frustrate the Government’s right to prosecute.
The Government must be heard on how the charges against petitioners could proceed while petitioners are abroad.
x x x."
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See:
Reyes' dissent:
"x x x.
It is well-settled, to the point of being axiomatic, that any injunctive relief will not be issued if it will result to a premature disposition or a prejudgment of the case on its merits. Also, any application for the restraint on the performance of an act will not be given due course if it will presume the validity of petitioners’ claims, relieving them of the burden of proving the same. In Boncodin v. National Power Corporation, this Court reversed the trial court's issuance of an injunctive writ that caused the burden of proof to shift from the claimant to the defendant x x x.
x x x."
