Back

Princess Rachel Development Corp. and Boracay Enclave Corp. vs. Hill View Marketing Corp., et al. [SEPARATE CONCURRING OPINION, ZALAMEDA, J.]

PRINCESS RACHEL DEVELOPMENT CORPORATION AND BORACAY ENCLAVE CORPORATION, PETITIONERS, V. HILL VIEW MARKETING CORPORATION, STEFANIE DORNAU AND ROBERT DORNAU, RESPONDENTS.

G.R. No. 222482 | 2020-06-02

SEPARATE CONCURRING OPINION
 
ZALAMEDA, J.:
 
I concur. The issue of good faith or bad faith of the builder and the landowner should be considered based on the peculiar circumstances surrounding the case.
 
Petitioner Princess Rachel Development Corporation is a landowner in good faith, and it must be categorically declared to be so

It need not be underscored that the laws applicable here enjoin the courts not only to make a finding on the builder's good faith or bad faith, but also make a specific determination of the landowner's good faith or the absence of it. Simply put, the determination of the respective...