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[2/3] Director Of Lands, Et Al. Vs. Intermediate Appellate Court, Et Al.

[2/3] DIRECTOR OF LANDS and DIRECTOR OF FOREST DEVELOPMENT, petitioners, vs. INTERMEDIATE APPELLATE COURT and ISIDRO ESPARTINEZ, respondents. Antonio A. Azana for private respondent.

G.R. No. 70825 | 1991-03-11

Separate Opinions

MELENCIO-HERRERA, J., dissenting:

The crucial issue in this case is private respondent Isidro Espartinez's entitlement to confirmation/registration of title to Lot No. 6783 of the cadastral survey of Ligao, with an area of 103.6172 hectares, more or less, under Section 48(b) of the Public Land Act (Comm. Act No. 141). Both the former Court of First Instance of Albay and Intermediate Appellate Court held in the affirmative. The majority now reverses their rulings.

I am constrained to dissent.

Isidro Espartinez (hereinafter, the Applicant) should be held entitled to have his imperfect title confirmed in his favor, upon...