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Francisco Alonso vs Cebu Country Club, Inc. [DISSENTING OPINION, MELO, J.]

FRANCISCO M. ALONSO, substituted by his heirs, petitioners, vs. CEBU COUNTRY CLUB, INC., respondent. [DISSENTING OPINION, MELO, J.]

G.R. No. 130876 | 2002-01-31

DISSENTING OPINION 

MELO, J.:
 
Assailed in the instant action is the validity of an administratively reconstituted title on grounds of fraud and want of jurisdiction. And lying at the core of the controversy is the question of who should be declared the owner of the disputed lot.

Both courts below upheld the validity of TCT No. RT- 1310 (T-11351), as well as respondent's ownership, mainly on the basis of the rather simplistic finding of duplication of title numbers affecting the source document used in the administrative reconstitution. But petitioner's attack against the title goes much deeper. In fact, during the oral argument...