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SENATOR JINGGOY EJERCITO ESTRADA, PETITIONER, VS. BERSAMIN, OFFICE OF THE OMBUDSMAN, FIELD INVESTIGATION OFFICE, OFFICE OF THE OMBUDSMAN, NATIONAL BUREAU OF INVESTIGATION AND ATTY. LEVITO D. BALIGOD, RESPONDENTS. [DISSENTING OPINION BRION, J.]

SENATOR JINGGOY EJERCITO ESTRADA, PETITIONER, VS. BERSAMIN, OFFICE OF THE OMBUDSMAN, FIELD INVESTIGATION OFFICE, OFFICE OF THE OMBUDSMAN, NATIONAL BUREAU OF INVESTIGATION AND ATTY. LEVITO D. BALIGOD, RESPONDENTS. [DISSENTING OPINION BRION, J.]

G.R. Nos. 212140-41 | 2015-01-21

DISSENTING OPINION
 
BRION, J.:
 
I dissent to reflect my objections to the ponencia’s conclusions and reasoning; it is particularly mistaken on a very critical point – the nature and extent of the respondent’s due process rights during preliminary investigation. This Dissent registers as well other points that I believe should be discussed and addressed.
 
The petition’s main issue is whether the denial via the Ombudsman’s March 27, 2014 Order of petitioner Senator Jinggoy Ejercito Estrada’s plea embodied in his Request constitutes, under the premises, grave abuse of discretion.” This is...