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Spouses Silverio vs. Spouses Marcelo [Separate and Concurring Opinion, C.J. Sereno]

G.R. No. 184079 (SPOUSES ARMANDO SILVERIO, SR. and REMEDIOS SILVERIO, Petitioners vs. SPOUSES RICARDO and EVELYN MARCELO, Respondents); G.R. NO. 184490 _________________________ (SPOUSES EVELYN and RICARDO MARCELO, Petitioners vs. SPOUSES ARMANDO SILVERIO, SR. and REMEDIOS SILVERIO, Respondents) [Separate and Concurring Opinion C.J. Sereno]

G.R. Nos. 184079/184490 | 2013-04-17

CONCURRING AND DISSENTING OPINION 
 
SERENO, CJ: 
 
Given the factual circumstances of these cases, I respectfully dissent from the finding that there is forum shopping, but concur with the ruling that Lot No. 3976 remains a public land. 
 
As culled from the records, Lot No. 3976 is a property located in Philips St. E)(tension, Multinational Village, Barangay Moonwalk, Paranaque City, having an area of 5,020 square meters. 1 It was first thought to be part of a vast tract of land in Matatdo, Wawa, Paranaque, Rizal (Matatdo property), owned by Pedro Lumbos and tenanted by Graciano Marcelo, Sr.2 When the entire...