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Roxas & Co., Inc. vs. Court of Appeals [CONCURRING AND DISSENTING OPINION, YNARES-SANTIAGO, J.]

ROXAS & CO., INC., petitioner, vs. THE HONORABLE COURT OF APPEALS, DEPARTMENT OF AGRARIAN REFORM, SECRETARY OF AGRARIAN REFORM, DAR REGIONAL DIRECTOR FOR REGION IV, MUNICIPAL AGRARIAN REFORM OFFICER OF NASUGBU, BATANGAS and DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD, respondents.

G.R. No. 127876 | 1999-12-17

CONCURRING AND DISSENTING OPINION 

YNARES-SANTIAGO, J.: 

I concur in the basic premises of the majority opinion. However, I dissent in its final conclusions and the dispositive portion. 

With all due respect, the majority opinion centers on procedure but unfortunately ignores the substantive merits which this procedure should unavoidably sustain. 

The assailed decision of the Court of Appeals had only one basic reason for its denial of the petition, i.e., the application of the doctrine of non-exhaustion of administrative remedies. This Court's majority ponencia correctly reverses the Court of Appeals on this issue. The...