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Victoria Legarda vs. Court Of Appeals [DISSENTING OPINION, HERMOSISIMA, J.]

VICTORIA LEGARDA, petitioner vs. THE HONORABLE COURT OF APPEALS, NEW CATHAY HOUSE, INC., THE HONORABLE REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 94, respondents. [Part 2/2]

G.R. No. 94457 | 1997-10-16

Separate Opinions

HERMOSISIMA, JR., J ., dissenting:

I regret I cannot join the majority in ruling against petitioner Victoria Legarda.

The facts, as culled from the records, are not controverted.

It appears that petitioner Victoria Legarda was the owner of a parcel of land and the improvements thereon, located at 123 West Avenue, Quezon City. Sometime in November, 1984, petitioner agreed to lease unto private respondent New Cathay House, Inc. one of her two houses in said address. A serious disagreement having arisen between the parties as to the terms of the lease, private respondent, on January 21, 1985, filed a complaint against the...