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Laurel vs. Misa 77 Phil 856 [ SEPARATE OPINION DAVIDE, JR., J. ]

HON. ALFREDO S. LIM, in his capacity as Mayor of Manila, and the City of Manila, petitioners, vs. HON. FELIPE G. PACQUING, as Judge, branch 40, Regional Trial Court of Manila and ASSOCIATED CORPORATION, respondents [ SEPARATE OPINION DAVIDE, JR., J. ]

G.R. No. 115044 | 1995-01-27


SEPARATE OPINION


DAVIDE, JR., J., concurring: 

The core issues submitted for the Court's resolution are: (1) in G.R. No. 115044, whether intervention by the republic of the Philippines is proper, and (2) in G.R. No. 117263, whether public respondent Judge Vetino Reyes acted with grave abuse of discretion in issuing the temporary restraining order and subsequently the writ of preliminary mandatory injunction in Civil case No. 94-71656. 


As to the first issue, I submit that unless we either amend the rule on intervention or suspend it, the motion to intervene must be denied. Under Section 2, Rule 12 of the Rules of Court, such...