Back

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

FRANCISCO ALONSO (Deceased), substituted by MERCEDES V. ALONSO, TOMAS V. ALONSO and ASUNCION V. ALONSO, petitioners vs. CEBU COUNTRY CLUB, INC., respondent. [DISSENTING OPINION , TINGA, J.]

G.R. No. 130876 | 2003-12-05

DISSENTING OPINION 

Tinga, J.:

A piece of land designated as Lot 727 of the Banilad Friar Lands Estate, Cebu City, on which part of the Cebu Country Club now stands, is the subject of the present controversy. For a finer appreciation of the issues, it may be helpful to recall the bare facts, as culled from this Court's Decision[1] of January 31, 2002. 

Petitioner's father, Tomas N. Alonso, after having been assigned the sales certificate over the subject lot by one Leoncio Alburo on December 18, 1919, completed the required payments thereon under Act No. 1120, also known as the Friar Lands Act. Thereafter, a sales patent was issued...