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Krivenko vs. Register of Deeds, 79 Phil 461 [SEPARATE OPINION, TUASON, J.]

ALEXANDER A. KRIVENKO, petitioner-appellant, vs. THE REGISTER OF DEEDS, CITY OF MANILA, respondent-appellee.

G.R. No. L-630 | 1947-11-15

Separate Opinion

TUASON, J., dissenting:

The decision concludes with the assertion that there is no choice. "We are construing" it says, "the Constitution as we see it and not as we may wish it to be. If this is the solemn mandate of the Constitution, we cannot compromise it even in the name of equity." We wish deep in our heart that we were given the light to see as the majority do and could share their opinion. As it is, we perceive things the other way around. As we see it, the decision by-passed what according to our humble understanding is the plain intent of the Constitution and groped out of its way in search of the ideal...