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Kasilag vs. Rodriguez [CONCURRING AND DISSENTING OPINION, VILLAREAL, J. ]

MARCIAL KASILAG, petitioner, vs. RAFAELA RODRIGUEZ, URBANO ROQUE, SEVERO MAPILISAN and IGNACIO DEL ROSARIO, respondents.

G.R. No. 46623 | 1939-12-07

Separate Opinions

VILLA-REAL, J., concurring and dissenting:

According to the contract entered into on May 16, 1932, between Emiliana Ambrosio, in life, and the petitioner Marcial Kasilag, the first, in consideration of the sum of P1,000 given to her by the second, constituted a mortgage on the improvements only of the land which she acquired by way of homestead. The improvements which she mortgaged consisted of four fruit-bearing mango trees, one hundred ten hills of bamboo trees, 1 tamarind tree and 6 betelnut trees, the assessed value of which was P660. The conditions of the loan were that if the mortgagor should pay the mortgagee on...