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Carbonnell vs. Court of Appeals [DISSENTING OPINION, MUNOZ PALMA, J.]

ROSARIO CARBONELL, petitioner, vs. HONORABLE COURT OF APPEALS, JOSE PONCIO, EMMA INFANTE and RAMON INFANTE, respondents.

G.R. No. L-29972 | 1976-01-26

MUNOZ PALMA, J., dissenting:

Strongly convinced as I am that the decision of the Court of Appeals under review should be affirmed, this dissenting opinion is being written.

We are here confronted with a double sale made by Jose Poncio of his 195-square meter lot located at V. Agan St., San Juan, Rizal, covered by Transfer Certificate of Title No. 5040, the solution to which is found in Art. 1544 of the Civil Code, more particularly the second paragraph thereof which provides that should the thing sold be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property.

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