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Francisco Alonso vs Cebu Country Club [DISSENTING OPINION, SANDOVAL-GUTIERREZ, J.]

FRANCISCO ALONSO (Deceased), substituted by MERCEDES V. ALONSO, TOMAS V. ALONSO and ASUNCION V. ALONSO, petitioners vs. CEBU COUNTRY CLUB, INC., respondent. [DISSENTING OPINION, SANDOVAL-GUTIERREZ, J.]

G.R. No. 130876 | 2003-12-05

DISSENTING OPINION 

SANDOVAL-GUTIERREZ, J.:

Before us are two separate motions for reconsideration of the majority Decision dated January 31, 2002 declaring that Lot 727 D-2 of the Banilad Friar Lands Estate in Cebu City "legally belongs to the Government of the Philippines." 

Both the petitioners and the private respondent assail the Decision insofar as it declares a non-party (the Government) the owner of the disputed property. They contend this is a violation of due process. The petitioners point out that "the Government, through the Solicitor General, did not come in as a party entitled to the avails of the suit but as a...