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Cawad vs. Abad [CONCURRING and DISSENTING OPINION LEONEN, 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. [CONCURRING and DISSENTING OPINION LEONEN, J.]

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

CONCURRING and DISSENTING OPINION
 
LEONEN, J.:
 
I concur in the result with regard to the declaration that several provisions in the joint circulars are invalid and unenforceable. However, with much regret, I cannot join the ponencia. 
 
The remedy sought by petitioners should be granted. The joint circulars promulgated by the Department of Budget and Management were issued with grave abuse of discretion because it contravened the provisions of Republic Act No. 7305,[1] also known as the Magna Carta of Public Health Workers. 

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Certiorari and Prohibition are available remedies when there is a proper allegation of breach...