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AYALA LAND, INC. AND CAPITOL CITIFARMS, INC., PETITIONERS, VS. SIMEONA CASTILLO, LORENZO PERLAS, JESSIELYN CASTILLO, LUIS MAESA, ROLANDO BATIQUIN, AND BUKLURAN MAGSASAKA NG TIBIG, AS REPRESENTED BY THEIR ATTORNEY-IN-FACT, SIMEONA CASTILLO, RESPONDENTS. [DISSENTING OPINION VILLARAMA, JR., J.]

AYALA LAND, INC. AND CAPITOL CITIFARMS, INC., PETITIONERS, VS. SIMEONA CASTILLO, LORENZO PERLAS, JESSIELYN CASTILLO, LUIS MAESA, ROLANDO BATIQUIN, AND BUKLURAN MAGSASAKA NG TIBIG, AS REPRESENTED BY THEIR ATTORNEY-IN-FACT, SIMEONA CASTILLO, RESPONDENTS. [DISSENTING OPINION VILLARAMA, JR., J.]

G. R. No. 178110 | 2011-06-15

 
 
DISSENTING OPINION
 
VILLARAMA, JR., J.:
 
I dissent from the majority ruling for the following reasons:
 
1.  The grant of the appeal was mainly premised on petitioners' unfounded assertion that the issuance of the notice of coverage and notice of acquisition was raised for the first time on appeal.
 
2.  The prohibition on the filing of a petition for conversion of agricultural lands already placed under CARP coverage is not a "mere guiding principle" but a preventive measure against any act of the landowner to evade the application of Republic Act (R.A.) No. 6657 to his landholding.
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