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Valentin vs. Santa Maria [SEPARATE OPINION, CONCURRING, TEEHANKEE, J.]

LORENzO G. VALENTIN, petitioner, vs. HONORABLE ANDRES SANTA MARIA, Presiding Judge of the Court of First Instance of Bulacan, Branch II; YOLANDA MATIAS, being represented by JOSE ARCILLAS, and LEOPOLDO C. PALAD, Ex-Officio Provincial Sheriff of Bulacan, respondents.

G.R. No. L-30158 | 1974-01-17

CONCURRING OPINION

TEEHANKEE, J.:

The main opinion of Mr. Justice Fernando formally announces the Court's abandonment and overturning of the doctrine of People vs. Soria[1] and other cases cited therein[2] as urged in the writer's concurring opinion with a majority of the Court in People vs. Donesa[3] which is generously quoted therein.

The basic provision of law involved is the second paragraph of section 51 of the Judiciary Act[4] as amended, which provides:
 
"Whenever a judge appointed or assigned in any province or branch of a court in a province shall leave the province by transfer...