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DTI, et al. vs. Enriquez [SEPARATE CONCURRING AND DISSENTING OPINION, LEONEN, J.]

THE DEPARTMENT OF TRADE AND INDUSTRY, REPRESENTED BY ITS SECRETARY, THE UNDERSECRETARY OF THE CONSUMER PROTECTION GROUP, MEMBERS OF THE SPECIAL INVESTIGATION COMMITTEE, AND THE DIRECTOR OF LEGAL SERVICE, PETITIONERS, VS. DANILO B. ENRIQUEZ, RESPONDENT.

G.R. No. 225301 | 2020-06-02

SEPARATE CONCURRING AND DISSENTING OPINION

LEONEN, J.:

I concur in the result. However, I dissent from the ponencia's decision to limit a cabinet secretary's power over a presidentially appointed subordinate to investigation and recommendation. Doing so effectively removes the power to impose penalties from the president's alter-ego.

Presidential control over the executive branch is provided in Article VII, Section 17 of the Constitution, which states: "The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed."

However, the...