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People vs. Montierro y Ventocilla [SEPARATE CONCURRING OPINION, LEONEN, J.]

[ G.R. No. 254564. July 26, 2022 ] PEOPLE OF THE PHILIPPINES, PETITIONER, VS. ERICK MONTIERRO Y VENTOCILLA, RESPONDENT. [G.R. No. 254974] CYPHER BALDADERA Y PELAGIO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [A.M. No. 21-07-16-SC] RE: LETTER OF THE PHILIPPINE JUDGES ASSOCIATION EXPRESSING ITS CONCERN OVER THE RAMIFICATIONS OF THE DECISIONS IN G.R. NO. 247575 AND G.R. NO. 250295 [A.M. No. 18-03-16-SC] RE: LETTER OF ASSOCIATE JUSTICE DIOSDADO M. PERALTA ON THE SUGGESTED PLEA BARGAINING FRAMEWORK SUBMITTED BY THE PHILIPPINE JUDGES ASSOCIATION

G.R. No. 254564 | 2022-07-26

SEPARATE CONCURRING OPINION
 
LEONEN, J.:

While I concur with the ponencia in setting aside the judgments of conviction and remanding the cases to the courts of origin, I humbly disagree with the reasons set forth. I offer the following views and observations.

 
I

Article VII, Section 17 of the Constitution tasks the President with the right and duty to ensure the faithful execution of laws.[1] An integral part of this mandate is the prosecution of criminal violators through the prosecutor, who represents the Executive department in the prosecution of criminal cases.

On the other hand, judicial power involves the...