Back

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. [CONCURRING OPINION LEONEN, 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. [CONCURRING OPINION LEONEN, J.]

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

CONCURRING OPINION
 
LEONEN, J.:
 
I concur with the ponencia. The petition should be dismissed for failure to show grave abuse of discretion on the part of the Ombudsman. It is unorthodox and contrary to existing doctrine to suspend the proceedings in a court that has acquired jurisdiction simply on the basis of an alleged error on the part of the Ombudsman.1
 
I agree that the fundamental constitutional norm of “due process of law” embeds the social value of fairness. I disagree, however, with the approach proposed by both Justices Velasco and Brion in their dissents that will clinically remove the preliminary...