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SEPARATE OPINION

PUNO, J.:

In the session last March 21, 2000, information was given that a majority of the members of the Third Division intends to hear the Motion for Reconsideration filed by the Republic and then report its result to the Court en banc. I sincerely believe that the result of the said oral arguments will be a vital factor to consider before the court en banc should finally decide to assume jurisdiction over the case at bar. The issue for resolution in the said Motion for Reconsideration concerns res judicata. This is an issue that does not strictly involve a question of law for beyond doubt its resolution will rest on some amorphous questions of fact. Until and unless these questions of fact are sharpened and given shape in the intended oral arguments, I am of the opinion and so vote that the Court en banc should defer its action to assume jurisdiction over the case at bar.