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Chemplex Phil. vs. Pamatian [SEPARATE OPINION, CONCURRING, FERNANDEZ, J.]

CHEMPLEX (PHILIPPINES) INC. and TOMMY P. S. LIM, petitioners, vs. HON. RAMON C. PAMATIAN, BENIGNO D. LIM, CARMEN L. LIM, AQUILES J. LOPEZ and SIXTO T. ANTONIO, respondents.

G.R. No. L-37427 | 1974-06-25

OPINION IN SUPPORT OF MY VOTE TO 
DISMISS THE PETITION FOR CERTIORARI

FERNANDEZ, J.:

I find it necessary to explain briefly my vote, in view of the Dissenting Opinion of Justice Teehankee and the Reservation Opinion of Justice Barredo.

I voted to dismiss the petition for certiorari (without giving it due course), because the challenged order of the respondent Judge, the Hon. Ramon C, Pamatian (afterwards elevated to the Court of Appeals but now deceased), dated August 29,1973, is correct. To say the least, there was no "grave abuse of discretion" in its issuance.

I noticed that the records of the case have become very...