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Mamiscal vs. Abdullah [CONCURRING OPINION, LEONEN, J.]

BAGUAN M. MAMISCAL, COMPLAINANT, VS. CLERK OF COURT MACALINOG S. ABDULLAH, SHARI'A CIRCUIT COURT, MARAWI CITY, RESPONDENT.

A.M. No. SCC-13-18-J (Formerly A.M. OCA IPI No. 11-36-SCC) | 2015-07-01

 
CONCURRING OPINION

LEONEN, J.:

I join the ponencia in holding that the complaint against respondent Macalinog S. Abdullah must be dismissed. I write separately to draw emphasis on how this dismissal stems from the fundamental principle of separation of powers.

Separation of powers is basic in our constitutional design. As explained by this court in the landmark case of Angara v. Electoral Commission:[1]
 
The separation of powers is a fundamental principle in our system of government. It obtains not through express provision but by actual division in our Constitution. Each department of the government has exclusive cognizance of...