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Barretto, et al vs. de la Paz, et al [DISSENTING OPINION, ABAD SANTOS, J.]

ANTONIO MA. BARRETTO Y ROCHA ET AL., plaintiffs-appellees vs. AUGUSTO H. TUASON Y DE LA PAZ ET AL., defendants-appellants;, ESTANISLAOA ARENAS ET AL., and ANA BARCINAS TORRES ET AL., intervenors-appellants; ERIBERTO TUASON ET AL., intervenors-appellees. [DISSENTING OPINION, ABAD SANTOS, J.]

G.R. Nos. 36811, 36827, 36840, 36872 | 1934-03-31

ABAD SANTOS, J., dissenting:

I regret that I am unable to agree with the prevailing opinion in this case which is not only well-written but manifests a conscientious and painstaking labor. In my judgment, however, it suffers from one vital defect which is that of having assumed as correct and binding the rulings laid down and conclusions reached in Barretto vs. Tuason (50 Phil., 888). I am of the opinion (1) that these rulings and conclusions are fundamentally erroneous, and (2) that this court is not bound by them. 

1. Granting, that, as held in the case cited, the mayorazgo involved in this case as a family trust, the trust ceased on...