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Cawad vs. Abad [SEPARATE OPINION BRION, J.]

GIL G. CAWAD, MARIO BENEDICT P. GALON, DOMINGO E. LUSAYA, JEAN V. APOLINARES, MA. LUISA S. OREZCA, JULIO R. GARCIA, NESTOR M. INTIA, RUBEN C. CALIWATAN, ADOLFO Q. ROSALES, MA. LUISA NAVARRO, AND THE PHILIPPINE PUBLIC HEALTH ASSOCIATION, INC., PETITIONERS, VS. FLORENCIO B. ABAD, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM); ENRIQUE T. ONA, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF HEALTH (DOH); AND FRANCISCO T. DUQUE III, IN HIS CAPACITY AS CHAIRMAN OF THE CIVIL SERVICE COMMISSION (CSC), RESPONDENTS. [SEPARATE OPINION BRION, J.]

G.R. No. 207145 | 2015-07-28

SEPARATE OPINION
 
BRION, J.: 
 
I write this Separate Opinion to present an alternative approach in resolving the present case. This alternative approach discusses (and raises questions about) the procedure that this Court observes in taking jurisdiction over petitions questioning quasi-legislative acts. In my view, the attendant facts of the present case and the ponencia’s approach aptly illustrate the need to revisit our present approach. 
 
In recent years, we have been relaxing the certiorari requirements of Rule 65 of the Rules of Court[1] to give due course to certiorari petitions assailing quasi-legislative...