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Babano vs. Executive Secretary [CONCURRING OPINION LEONEN, J.]

ESTRELLA ABID-BABANO, PETITIONER, VS. EXECUTIVE SECRETARY, RESPONDENT.

G.R. No. 201176 | 2019-08-28

CONCURRING OPINION

LEONEN, J.:

I concur with this Court's finding that petitioner Estrella Abid-Babano cannot be held liable for not disclosing her husband's exclusive properties in her Statement of Assets, Liabilities, and Net Worth, considering the regime of complete separation of property that governs their marriage.

Moreover, petitioner should not have been charged with violations of Republic Act No. 3019 and Republic Act No. 6713 without first having been given the opportunity to correct the alleged defects in her statement. Absent the observance of the review and compliance procedure mandated by law, public officers should not...