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DTI, et al. vs. Enriquez [CONCURRING AND DISSENTING OPINION, LAZARO-JAVIER, J.]

THE DEPARTMENT OF TRADE AND INDUSTRY, REPRESENTED BY ITS SECRETARY, THE UNDERSECRETARY OF THE CONSUMER PROTECTION GROUP, MEMBERS OF THE SPECIAL INVESTIGATION COMMITTEE, AND THE DIRECTOR OF LEGAL SERVICE, PETITIONERS, VS. DANILO B. ENRIQUEZ, RESPONDENT.

G.R. No. 225301 | 2020-06-02

CONCURRING AND DISSENTING OPINION

LAZARO-JAVIER, J.

I concur with the highly esteemed Ponente insofar as he upholds the power of Department Secretaries to investigate their subordinates for administrative offenses, but dissent insofar as he limits this power to preclude Department Secretaries from imposing penalties against presidential appointees.

True, the ponencia and the challenged rulings are consistent with precedents, one of which as cited is Baculi v. Office of the President,[1] but perhaps it is high time that the basis for their common holding be revisited.

If I may digress a bit, a bright light from the...