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Secretary of the Department of Public Works and Highways and District Engineer Celestino R. Contreras [Dissenting and Concurring Opinion J. Velasco, Jr.]

Secretary of the Department of Public Works and Highways and District Engineer Celestino R. Contreras v. Spouses Heracleo and Ramona Tecson [Dissenting and Concurring Opinion J. Velasco, Jr.]

G.R. No. 179334 | 2013-07-01

DISSENTING AND CONCURRING OPINION

VELASCO, JR., J.: 

When the circumstances obtaining distinctly call for a deviation from the general rule laid down by jurisprudence, the Court should give due consideration to the same, lest oppression and injustice ensue. 

The Case 

Before the Court is a Petition for Review on Certiorari under Rule 45 assailing the July 31, 2007 Decision1 of the Court of Appeals (CA) in CAG.R. CV No. 77997, affirming with modification the March 22, 2002 Decision2 of the Regional Trial Court (RTC) of Malolos City, Bulacan. 

The Facts 

Respondent spouses Heracleo and Ramona Tecson (respondents) are the...