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Hon. Waldo Q. Flores, et al. Vs. Atty. Antonio F. Montemayor [DISSENTING OPINION, BERSAMIN J.]

HON. WALDO Q. FLORES, in his capacity as Senior Deputy Executive Secretary in the Office of the President, HON. ARTHUR P. AUTEA, in his capacity as Deputy Executive Secretary in the Office of the President, and the PRESIDENTIAL ANTI-GRAFT COMMISSION (PAGC), Petitioners, versus ATTY. ANTONIO F. MONTEMAYOR, Respondent

G.R. No. 170146 | 2010-08-25

DISSENTING OPINION


BERSAMIN, J.:

I vote to deny the petition.

Firstly, I believe that the Court of Appeals (CA) correctly held that the petitioner had not been afforded his right to due process.

And, secondly, assuming that the investigation of the respondent by the Presidential Anti-Graft Commission (PAGC) was sustainable, and that the Office of the President (OP) validly relied on PAGC's findings and recommendation, the penalty of dismissal was too harsh.

Antecedents


The PAGC investigated the respondent, Atty. Antonio F. Montemayor, a Regional Director II of the Bureau of Internal Revenue in San Fernando, Pampanga, based on an anonymous...