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Baquirin, etc. vs. Dela Rosa [SEPARATE OPINION, LEONEN, SAJ]

ANNA MAY V. BAQUIRIN, MARY JANE N. REAL, MARIA LULU G. REYES, JOAN DYMPHNA G. SANIEL, AND EVALYN G. URSUA, PETITIONERS, VS. RONALD M. DELA ROSA, IN HIS CAPACITY AS DIRECTOR- GENERAL OF THE PHILIPPINE NATIONAL POLICE, JOSE LUIS MARTIN C. GASCON, IN HIS CAPACITY AS CHAIRPERSON OF THE COMMISSION ON HUMAN RIGHTS, AND VITALIANO AGUIRRE II, IN HIS CAPACITY AS THE SECRETARY OF THE DEPARTMENT OF JUSTICE, RESPONDENTS.

G.R. No. 233930 | 2023-07-11

SEPARATE OPINION
 
LEONEN, SAJ.:
 
Petitioners seek the issuance of a writ of continuing mandamus to compel respondents to: (i) investigate the extrajudicial killings committed under the government's anti-illegal drugs operations in 2016, and (ii) prevent further violations to the right to life.
 
I concur with the ponencia's resolution of the issues in this case. Nonetheless, I raise a few points on legal standing and continuing mandamus.
 
I
 
The ponencia held that petitioners have no legal standing to file the petition for mandamus, noting that they failed to allege they...