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People vs. Pineda [SEPARATE OPINION, CONCURRING AND DISSENTING, REGALADO, J.]

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. GREGORIO G. PINEDA, Branch XXI, Court of First Instance of Rizal, and CONSOLACION NAVAL, respondents.

G.R. No. L-44205 | 1993-02-16

CONCURRING AND DISSENTING OPINION

REGALADO, J.:

I concur in the result reached in the eloquently articulated and well researched ponencia of Mr. Justice Melo in that the assailed order of respondent judge quashing the information for falsification should be reversed and the case be remanded to the lower court for appropriate proceedings. I regret, however, that some of the reasons advanced for that conclusion do not square with my own views as I shall shortly explain.

1.  First, on the concessible areas of concurrence. The majority holds that private respondent Consolacion Naval failed to seasonably raise the issue, and respondent judge...