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NAPOCOR Board of Directors vs. COA [CONCURRING AND DISSENTING OPINION, LEONEN J.]

NATIONAL POWER CORPORATION BOARD OF DIRECTORS MARGARITO B. TEVES, ROLANDO G. ANDAYA, JR., PETER B. FAVILA, ARTHUR C. YAP, ELEAZAR P. QUINTO, RONALDO V. PUNO, AUGUSTO B. SANTOS, AND FROILAN A. TAMPINCO, PETITIONERS, V. COMMISSION ON AUDIT, RESPONDENT.

G.R. No. 242342 | 2020-03-10

CONCURRING AND DISSENTING OPINION
 
LEONEN, J.:
 
I concur with the majority that the doctrine of qualified political agency does not apply to a cabinet secretary's act performed in connection with his or her position as an ex officio member of a board. However, I disagree with the ruling directing the employees of the National Power Corporation to return the disallowed benefit.
 
On September 10, 2009, the Board of Directors of the National Power Corporation, consisting of among others the Secretaries of: (1) Finance; (2) Energy; (3) Budget and Management; (4) Agriculture; (5) Environment and Natural Resources;...