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Princess Rachel Development Corp. and Boracay Enclave Corp. vs. Hill View Marketing Corp., et al. [SEPARATE CONCURRING OPINION, CAGUIOA, J.]

PRINCESS RACHEL DEVELOPMENT CORPORATION AND BORACAY ENCLAVE CORPORATION, PETITIONERS, V. HILL VIEW MARKETING CORPORATION, STEFANIE DORNAU AND ROBERT DORNAU, RESPONDENTS.

G.R. No. 222482 | 2020-06-02

SEPARATE CONCURRING OPINION
 
CAGUIOA, J.:
 
I concur.
 
The crux of the controversy stems from the perceived conflict between the general presumption of good faith regarding possession embodied in Article 527[1] of the Civil Code and the principle of constructive notice of registration provided in Section 52[2] of Presidential Decree No. (PD) 1529[3] or the Property Registration Decree.
 
I submit this Separate Concurring Opinion to clarify that there is, in fact, no conflict between these two seemingly opposing principles, as they differ in scope.
 
In encroachment scenarios, the general presumption of...