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Arroyo vs. DOJ [SEPARATE CONCURRING AND DISSENTING OPINION, CARPIO, J.]

JOSE MIGUEL T. ARROYO, Petitioner versus DEPARTMENT OF JUSTICE; COMMISSION ON ELECTIONS; HON. LEILA DE LIMA, in her capacity as Secretary of the Department of Justice; HON. SIXTO BRILLANTES, .JR., in his capacity as Chairperson of the Commission on Elections; and the JOINT DO.J-COMELEC PRELIMINARY INVESTIGATION COMMITTEE and FACT-FINDING TEAM, Respondents. and BENJAMIN S. ABALOS, SR., Petitioner, versus HON. LEILA DE LIMA, in her capacity as Secretary of Justice; HON. SIXTO S. BRILLANTES, JR., in his capacity as COMELEC Chairperson; RENE V. SARMIENTO, LUCENJTO N. TAGLE, ARMANDO V. VELASCO, ELIAS R. YUSOPH, CHRISTIAN ROBERT S. LIM AND AUGUSTO C. LAGMAN, in their capacity as COMELEC COMMISSIONERS; CLARO A. ARELl.ANO, GEORGE C. DEE, JACINTO G. ANG, ROMEO B. FORTES AND MICHAEL D. VILLARET, in their capacity as CHAIRPERSON AND MEMBERS, RESPECTIVELY, OF THE JOINT DO.J-COMELEC PRELIMINARY INVESTIGATION COMMITTEE ON THE 2004 AND 2007 ELECTION FRAUD Respondents. and GLORIA MACAPAGAL - ARROYO, Petitioner, versus COMMISSION ON ELECTIONS, represented by Chairperson SIXTO S. Brillantes by Secretary Leila M. De Lima, JOINT DO.J - COMELEC, PRELIMINARY INVESTIGATION COMMITTEE, SENATOR AQUILINO M. PIMENTEL, III. and DO.J - COMELEC FACT FINDING TEAM, Respondents.

G.R. No. 199082/G.R. No. 199085/G.R. No. 199118 | 2012-09-18

SEPARATE CONCURRING AND DISSENTING OPINION
 
CARPIO, J.:
 
I concur with the ponencia in its conclusion that (l) there is no violation of the Due Process and Equal Protection Clause in the creation, composition, and proceedings of the Joint Department of Justice ( DO.I) -Commission on Elections (COMELEC) Preliminary Investigation Committee (Committee) and the Fact--Finding Team; (2) petitiou0r Gloria Macapagal-Arroyo (Macapagal-Arroyo) in G.R. No. 199118 was not denied opportunity to be heard in the course of the Committee's preliminary investigation proceedings; and (3) the preliminary investigation against...