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Valdez vs. Director of Lands [SEPARATE OPINION, DISSENTING, GODDARD, J.]

BENITO VALDEZ ET AL., applicants-appellees, vs. THE DIRECTOR OF LANDS, THE DIRECTOR OF FORESTRY AND PRIMITIVO ANTONIO ET AL., oppositors-appellants.

G.R. No. 39765 | 1935-10-24

DISSENTING

GODDARD, J.,:

I dissent.

The majority opinion in this case violates and practically sets aside two important rules which the courts of the United States, the Philippines and probably of all other countries have laid down for their decisions, which are founded on reason, experience and observation and which pertain not to the admissibility but to the weight of evidence. They have generally agreed upon a classification of and gradation of calls in a grant, survey or entry of land, by which their relative importance and weight are to be determined. The theory on which one call is given preference over another is that the one which is...