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Lorenzo Berico, Et Al. Vs. Court Of Appeals, Et Al. [ DISSENTING OPINION, MELO, J. ]

LORENZO BERICO and VISITACION SANCHEZ, petitioners, vs. THE HONORABLE COURT OF APPEALS (Former Ninth Division), CIRIACO FLORES and FELISA BAREJA, respondents.

G.R. No. 96306 | 1993-08-20

MELO, J., dissenting:

I agree with the conclusion arrived at by the majority of my distinguished colleagues that petitioner is indeed a buyer in bad faith of the realty in dispute and that his registration of the deeds of sale are ineffective as against private respondents. What I consider to be a fallacy of non-sequitur is the proposition expressed in the ponencia to the effect that private respondents' exclusive dominion had been established by sheer force of Article 1544 of the New Civil Code, independently of any court action instituted precisely to settle the matter of who, as between petitioner and private respondents, enjoys a...