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Franco etc. vs. Energy Regulatory [CONCURRING OPINION, LEONEN, J.]

NEPTALI S. FRANCO, MELINDA L. OCAMPO, ARTEMIO P. MAGABO, REPRESENTED HEREIN BY SOLEDAD MAGABO, BERNARDA C. LAVISORES, NICOMEDES B. DEYNATA, ALBERTO D. DOSAYLA, REPRESENTED HEREIN BY AILENE JOY BILLONES DOSAYLA AND MARIETTA U. LARRACAS, PETITIONERS, VS. ENERGY REGULATORY COMMISSION, THE HON. ZENAIDA G. CRUZ-DUCUT, IN HER CAPACITY AS CHAIRMAN OF THE ENERGY REGULATORY COMMISSION, DEPARTMENT OF BUDGET AND MANAGEMENT, THE SECRETARY FLORENCIO B. ABAD AND RICALINDA N. ADRIATICO, THE DIRECTOR OF THE BUDGET AND MANAGEMENT BUREAU-A, RESPONDENTS.

G.R. No. 194402 | 2016-04-05

CONCURRING OPINION

LEONEN, J.:

Petitioners, who are retired members of the defunct Energy Regulatory Board, filed for mandamus "to compel . . . public respondents to adjust and release their monthly retirement pensions based on the salary levels ... of the Energy Regulatory Commission, created [under] Republic Act No. 9136[.]"[1] Specifically, Section 39 of Republic Act No. 9136, otherwise known as the Electric Power Industry Reform Act of 2001 (EPIRA), provides:
 
Sec. 39. Compensation and Other Emoluments for ERC Personnel. - The compensation and other emoluments for the Chairman and members of the Commission and the ERC...