CRUZ, J., dissenting:
I join Mr. Justice Gutierrez in his dissent, with these brief additional remarks.
Sec. 3 of BP 129 laid down the original precedence rule applicable to members of the Intermediate Appellate Court. This was embodied in Sec. 2 of EO 33 without change except as to the name of the court. The first provision was not repealed. As Mr. Justice Feliciano points out, it was merely "re-enacted."
I do not think the re-enacted rule was intended to operate prospectively only. I believe it continues to be available to the former members of the Intermediate Appellate Court no less than to the members of the...
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