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Rodolfo D. Llamas vs. Oscar Orbos, et al. [CONCURRING OPINION, J. CRUZ]

RODOLFO D. LLAMAS, petitioner, vs. EXECUTIVE SECRETARY OSCAR ORBOS and MARIANO UN OCAMPO III, respondents. [CONCURRING OPINION, J. CRUZ]

G.R. No. 99031 | 1991-10-15

Separate Opinions

CRUZ, J., concurring:

I concur in the result and would sustain the challenged resolution of May 18, 1991, on the basis only of the President's control power. I think the discussion of the pardoning power is unnecessary and may even be misleading as the ponencia itself says that it was not by virtue thereof that the private respondent's penalty was reduced. The correct approach, if I may respectfully suggest it, is to uphold the resolution solely on the strength of the President's power of "control of all the executive departments, bureaus and offices" under Article VII, Section 17, of the Constitution.

We have held in...