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Emilio A. Gonzales III Vs. Office of the President, etc., et al./Wendell Bareras-Sulit Vs. Atty. Paquito N. Ochoa, Jr., et al. [Concurring and Dissenting Opinion, J. Leonen]

G.R. No. 196231 -.EMILIO A. GONZALES III, Petitioner, vs. OFFICE OF THE PRESIDENT OF THE PHILIPPINES, acting through and represented by EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., SENIOR DEPUTY EXECUTIVE SECRETARY JOSE AMOR M. AMORAN'DO, Officer In Charge, Office of the Deputy Executive Secretary for Legal Affairs, ATTY. RONALDO A. GERON, DIR. ROWENA TURINGAN-SANCHEZ, and ATTY. CARLITO D. CATA YONG, Respondents. _________________________________ G.R. No. 196232 - WENDELL BARRERAS-SULIT, Petitioner, vs. ATTY. PAQUITO N. OCHOA, JR.,. in his capacity as Executive Secretary, Office of the President, ATTY. DENNIS F. ORTIZ, ATTY. CARLO D. SULAY, and ATTY.FROILAND. MONTALBAN, JR., in their capacities as ·Chairman and Members of the OFFICE OF MALACANANG LEGAL AFFAIRS, Respondents. [Concurring and Dissenting Opinion, J. Leonen]

G.R. No. 196231/G.R. No. 196232 | 2014-01-28

EN BANC

CONCURRING AND DISSENTING OPINION

LEONEN,J.:

I vote to dismiss the motion for partial reconsideration. 1 However, the constitutional challenge to Section 8, Pai:agraph (2) of Republic Act No. 67702 or the Ombudsman Act insofar as the Deputy Ombudsman is concerned should succeed.

On August 23, 2010, dismissed Manila Police District Police Senior Inspector (Captain). Rolando del Rosario Mendoza took hostage a Hong Kong tour group with three families, two couples, a mother and daughter, and a tour leader at the Quirino Grandstand.3 Apparently, he was driven to despondency by many causes. This included his frustration with a case4 pending...