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Heirs of Mario Malabanan Vs. Republic of the Philippines [CONCURRING AND DISSENTING OPINION, J. BRION]

HEIRS OF MARIO MALABANAN, Petitioner, versus REPUBLIC OF THE PHILIPPINES, Respondent. [CONCURRING AND DISSENTING OPINION, J. BRION]

G.R. No. 179987 | 2009-04-29

CONCURRING AND DISSENTING OPINION


BRION, J.:



I concur with the ponencia's modified positions on the application of prescription under Section 14(2) of the Property Registration Decree (PRD), and on the denial of the petition of the Heirs of Mario Malabanan. 


I dissent in the strongest terms from the ruling that the classification of a public land as alienable and disposable can be made after June 12, 1945, in accordance with this Court's ruling in Republic v. Court of Appeals and Naguit (Naguit).[1] Effectively, what results from this decision is a new law, crafted by this Court, going beyond what the Constitution ordains and beyond the...