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Amor vs. Florentino [DISSENTING, OZAETA, J.]

SEVERO AMOR, petitioner, vs. GABRIEL FLORENTINO ET AL., respondents.

G.R. No. 48384 | 1943-10-11

DISSENTING

OZAETA, J.,

I regret to say that the omnibus opinion of the majority is a straddle over the baseless finding that  Maria Florentino died in 1892 and the assumption that she died in 1885. Since she could not have died twice—and the date of her demise was properly raised as an issue in this case—the equivocal position thus taken  rests on no solid factual foundation. Straddling and tottering as it is on shaky ground, the opinion as a whole appears to me untenable and its validity questionable.  Did Maria Florentino pass away in 1892?  or in 1885?  If she died in  1892, then Part II of the...