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Princess Rachel Development Corp. and Boracay Enclave Corp. vs. Hill View Marketing Corp., et al. [CONCURRING OPINION, LEONEN, 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

CONCURRING OPINION
 
LEONEN, J.:
 
Both the Regional Trial Court[1] and the Court of Appeals[2] found that Hillview Marketing Corporation (Hillview) encroached on 2,783 sq. m.[3] of Princess Rachel Development Corporation's (Princess Rachel) property. However, in determining the rights and duties of the parties, the trial and appellate courts contrarily decided on whether Hillview, in doing so, acted in good or bad faith.
 
On the basis of Engineer Reynaldo Lopez's[4] (Engineer Lopez) testimony, the Regional Trial Court declared Hillview a builder in bad faith.[5] Engineer Lopez testified that...