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CONCURRING OPINION

DAVIDE, JR., J.:

I fully concur with the resolution penned by Mr. Justice Ricardo J. Francisco disposing of the motion to reconsider the resolution of 29 March 1996. However, to belie any further unfounded insinuations contrived to cast doubt on the reorganization of the Third Division, I must stress certain points.

The reorganization of the three Divisions of the Court was a consequence of the retirement of Mr. Justice Florentino P. Feliciano, and formally effected through the issuance by the Chief Justice of Special Order No. 62 on 15 December 1995, which reads as follows:

ADJUDICATION OF CASES

COMPOSITION OF THE THREE DIVISIONS OF THE SUPREME COURT EFFECTIVE JANUARY 2,1996

SPECIAL ORDER NO. 62.

In view of the retirement of Honorable FLORENTINO P. FELICIANO as Associate Justice of the Supreme Court, the following are hereby designated Chairmen and Members of the respective divisions:

First Division

Justice Teodoro R. Padilla - Chairman

Justice Josue N. Bellosillo - Member

Justice Jose C. Vitug - "

Justice Santiago M. Kapunan - "

Justice Regino C. Hermosisima, Jr. - "

Second Division

Justice Florenz D. Regalado - Chairman

Justice Flerida Ruth P. Romero - Member

Justice Reynato S. Puno - "

Justice Vicente V. Mendoza - "

Third Division

Chief Justice Andres R. Narvasa - Chairman

Justice Hilario G. Davide, Jr. - Working Chairman

Justice Jose A.R. Melo - Member

Justice Ricardo J. Francisco - "

Justice Artemio V. Panganiban - "

This Special Order shall take effect on January 2, 1996.

Manila, Philippines, December 15, 1995.

(Sgd.) ANDRES R. NARVASA

Chief justice

This reorganization, like those before it, was made only upon prior consultation with and approval of the Members of the Court. The petitioner itself found such reorganization "long overdue" (Rollo, 387).

The record will show that the motions for reconsideration of the decision of 1 December 1995 were filed several days after the issuance of Special Order No. 62. That of private respondent National Book Store was filed at 2:57 p.m. on 26 December 1995 and that of private respondent Bank of the Philippine Islands at 3:31 p.m. likewise on 26 December 1995.

The motions for reconsideration, together with the motion for leave to file consolidated comment and the consolidated comment, were calendared for the first time on the agenda of the Third Division of 5 February 1996. It was only on 29 March 1996 when the resolution granting the motions for reconsideration was promulgated after thorough deliberations on the issues raised.

Any insinuation then that the reorganization was accomplished under "unusual" circumstances to favor the private respondents and that the new Members of the Third Division had no time to study the case because they "had hardly warmed their seats," are completely without basis.

As to the motion to refer to the Court En Banc for its resolution the motion for reconsideration of the Resolution of 29 March 1996, the applicable rules thereon are prescribed by Circular No. 2-89 dated 7 February 1989 and effective 1 March 1989, and Bar Matter No. 209, as amended by the resolution of 9 February 1993.