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Pen Development Corp. vs. Leyba [CONCURRING AND DISSENTING OPINION, CAGUIOA, J.]

PEN DEVELOPMENT CORPORATION AND LAS BRISAS RESORT CORPORATION, PETITIONERS, VS. MARTINEZ LEYBA, INC., RESPONDENT.

G.R. No. 211845 | 2017-08-09

CONCURRING AND DISSENTING OPINION

CAGUIOA, J.:

This case is NOT a simple boundary dispute where a neighbor builds a structure on an adjacent registered land belonging to another. Here, the area where the former had built happens to be within the land registered in his name which overlaps with the titles of the latter. Thus, this is a proper case of overlapping of certificates of title belonging to different persons.

Given the fact that this case involves overlapping of titles, I fully concur with the Decision that as between Martinez Leyba, Inc. (MLI) and Las Brisas Resorts Corp.[1] (Las Brisas), MLI has a superior right to the...