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Spouses Ping vs. Ayala Land, Inc. [DISSENTING OPINION, LEONEN, J.]

SPOUSES YU HWA PING AND MARY GAW, PETITIONERS, VS. AYALA LAND, INC., RESPONDENT. [G.R. No. 173141] HEIRS OF SPOUSES ANDRES DIAZ AND JOSEFA MIA, PETITIONERS, VS. AYALA LAND, INC., RESPONDENT.

G.R. No. 173120 | 2019-04-10

DISSENTING OPINION

LEONEN, J.:
 

Any case that overturns or modifies an existing doctrine should be decided by this Court En Banc. A second motion for reconsideration may be elevated to the En Banc when at least three (3) members of a division vote for its elevation. Nonetheless, a second motion for reconsideration will only be entertained if it is shown that the assailed decision is legally erroneous, patently unjust, and capable of causing unwarranted injury to the parties.

On July 26, 2017, this Court in Spouses Yu Hwa Ping v. Ayala Land, Inc.[1] granted the petition of Spouses Yu Hwa Ping and Mary...