Back

Carried Lumber company vs. Agricultural Credit and Cooperative Financing Adminstration [SEPARATE OPINION, Fernando (Chairman), Barredo, Antonio and Concepcion, Jr., JJ., concur.]

CARRIED LUMBER COMPANY, plaintiff-appellee vs. AGRICULTURAL CREDIT AND COOPERATIVE FINANCING ADMINISTRATION (ACCFA), defendant-appellant. [SEPARATE OPINION, Fernando (Chairman), Barredo, Antonio and Concepcion, Jr., JJ., concur.]

G.R. No. L-21836 | 1975-04-22

SEPARATE OPINION

Appellants Doyon and Evangelista contend that the writ of execution should be confined to the annotation of this Court's decision on the back of the title of Lot No. 10375 and the recovery of the costs. They argue that the sales to them are valid "without prejudice to the appellees' proving otherwise by filing an action for liquidation of the conjugal partnership of the spouses Bartolome Rodriguez and Marciana Villocino". They point out that prior to the liquidation of the conjugal partnership, it would be premature to award the possession of the lots to the wife with damages. They underscore that the invalidity of the...