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Escay vs. Court of Appeals [SEPARATE OPINION, DISSENTING, BARREDO, J.]

ROBERTO ESCAY, ET AL., petitioners, vs. COURT OF APPEALS, ET AL., respondents.

G.R. No. L-37504 | 1974-12-18

DISSENTING OPINION

BARREDO, J.:

I dissent from the resolution denying petitioner's motion for reconsideration of the Court's resolution denying review of the decision of the Court of Appeals.  After going over the whole record and reflecting further on all relevant aspects of this case, I am now convinced that the decision of the Court of Appeals under review is fatally deficient in factual and legal basis.

I know that findings of fact of the Court of Appeals are as a rule conclusive upon this Court.  But in this case, my considered view is that the basic conclusions of the appellate court are either not supported by its own...