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Araneta vs. Dinglasan [SEPARATE OPINION, CONCURRING AND DISSENTING, MONTEMAYOR, J.]

J. ANTONIO ARANETA, petitioner, vs. RAFAEL DINGLASAN, Judge of First Instance of Manila, and JOSE P. BENGZON, Fiscal of City of Manila, respondents

G.R. No. L-2044 | 1949-08-26

CONCURRING AND DISSENTING

MONTEMAYOR, J.:

The majority opinion holds that Executive Order No.62 dated June 21, 1947; Executive Order No. 192 dated December 24, 1948; and Executive Orders Nos. 225 and 226 both dated June 15, 1949 were issued without authority, of law and therefore illegal and of no legal force and effect. I concur only in the result. Ordinarily, such concurrence without comment or explanation would be sufficient and satisfactory. However, in view of the radical between the reasons had and given by the majority in arriving at the result and those entertained by me, and considering the transcendental importance of these cases,...