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Esmero vs. Duterte [SEPARATE CONCURRING OPINION, LEONEN, J.]

ATTY. ROMEO M. ESMERO, PETITIONER, VS. HIS EXCELLENCY, HONORABLE PRESIDENT, RODRIGO ROA DUTERTE, RESPONDENT.

G.R. No. 256288 | 2021-06-29

SEPARATE CONCURRING OPINION
 
LEONEN, J.:
 
I agree with the ponencia that matters within the President's discretion cannot be the subject of a writ of mandamus. However, I take exception to its allusion that a sitting President cannot be the subject of any type of suit.
 
Petitioner Romeo Esmero, through this Petition for Mandamus, asks this Court to compel President Rodrigo Roa Duterte to defend the West Philippine Sea, which, he states, is part of the Philippine territory pursuant to the Constitution and as confirmed by the favorable ruling of the United Nations Arbitral Tribunal.[1] He insists...