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Napoleon Gegare vs. Court of Appeals, etal.

NAPOLEON GEGARE, petitioner, vs. HON. COURT OF APPEALS (ELEVENTH DIVISION) AND ARMIE ELMA, respondents.

G.R. No. 83907 | 1989-09-13

D E C I S I O N


GANCAYCO, J.:

The familiar story in the Old Testament is of how King Solomon settled the dispute between two women over a child by deciding that the child be cut into two for them to share. The real mother full of love implored that the King not kill the child and give the child to the other woman. The latter asked the King not to give it to either of them and to go on, cut the child into two.

This case involves a small piece of land. The decision was to cut it into two between the parties. But the parallel ends there. The petitioner wants the whole lot. Private respondent is happy with his half. This is the impasse'...