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Department of Finance etc. vs. Dela Cruz Jr. etc. [DISSENTING OPINION, LEONEN, J.]

DEPARTMENT OF FINANCE, REPRESENTED BY HON. CESAR V. PURISIMA IN HIS OFFICIAL CAPACITY AS SECRETARY, AND THE BUREAU OF CUSTOMS, REPRESENTED BY HON. ROZZANO RUFINO B. BIAZON, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF CUSTOMS, PETITIONERS, VS. HON. MARINO M. DELA CRUZ, JR., IN HIS CAPACITY AS EXECUTIVE JUDGE, REGIONAL TRIAL COURT, MANILA, HON. FELICITAS O. LARON-CACANINDIN, IN HER CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT, MANILA, BRANCH 17, RONNIE C. SILVESTRE, EDWARD P. DELA CUESTA, ROGEL C. GATCHALIAN, IMELDA D.CRUZ, LILIBETH S. SANDAG, RAYMOND P. VENTURA, MA. LIZA S. TORRES, ARNEL C. ALCARAZ, MA. LOURDES V. MANGAOANG, FRANCIS AGUSTIN Y. ERPE, CARLOS T. SO, MARIETTA D. ZAMORANOS, CARMELITA M. TALUSAN,[1] AREFILES H. CARREON,[2] AND ROMALINO G. VALDEZ, RESPONDENTS.

G.R. No. 209331 | 2015-08-24

 
DISSENTING OPINION

LEONEN, J.:

Respectfully, I dissent.

The Civil Service Commission has exclusive jurisdiction over questions regarding personnel actions affecting civil service employees.[3] It is the sole arbiter that decides controversies regarding the civil service at first instance.[4] Courts should not directly assume jurisdiction based on allegations of unconstitutionality and invalidity of government regulations when the question, in essence, involves a personnel action.

This is a Petition for certiorari and prohibition with very urgent prayer for the immediate issuance of a temporary restraining order and/or writ of preliminary...