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Mejia vs. Balolong [SEPARATE OPINION, DISSENTING, OZAETA, J.]

FLAVIANO MEJIA, TEOFILO P. GUADIZ, RUPERTO Z. TANDOC and POLICRONIO DE VENECIA, petitioners, vs. PEDRO U. BALOLONG, RICARDO VILLAMIL, TORIBIO QUIMOSING and CRISOLOGO ZARATE, respondents.

G.R. No. L-1925 | 1948-09-16

OZAETA, J.:

I vote to grant respondents' motion for reconsideration so that the court may re-examine its decision herein and rectify what I consider an erroneous construction pf the statute involved.

The case hinges on whether the city of Dagupan came into existence as a public corporation or political entity upon the approval of its charter (Republic Act No. 170) on June 20, 1947, or upon the organization of the city government and the qualification of its officers on January 1, 1948, as fixed by Executive Order No. 96 (later superseded by Executive Order No. 115) by virtue of section 88 of the charter.

By a vote of six to two, the...