Cited Laws
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WHEREFORE, premises considered, the instant appeal is hereby DISMISSED, and the assailed [D]ecision of the Regional Trial Court of Mandaue City is hereby AFFIRMED." [5] The assailed Resolution denied petitioners' Motion for Reconsideration. The Facts The factual antecedents of the case are summarized by the CA as follows: "In their Complaint, [respondents] claim that they are the owners of the various parcels of real property that form part of Lot No. 666, (plan II-5121 Amd.
WHEREFORE, premises considered, the instant appeal is hereby DISMISSED, and the assailed [D]ecision of the Regional Trial Court of Mandaue City is hereby AFFIRMED." [5] The assailed Resolution denied petitioners' Motion for Reconsideration. The Facts The factual antecedents of the case are summarized by the CA as follows: "In their Complaint, [respondents] claim that they are the owners of the various parcels of real property that form part of Lot No. 666, (plan II-5121 Amd.2) situated in Mandaue City, Cebu, which lot allegedly belonged originally to Claudio Ermac. Upon the latter's death, the said Lot No. 666 was inherited and partitioned by his children, namely, Esteban, Pedro and Balbina. Siblings Pedro and Balbina requested their brother Esteban to have their title over the property registered. Esteban, however, was unable to do so, and the task of registration fell to his son, Clemente. Clemente applied for registration of the title, but did so in his own name, and did not include his father's brother and sister, nor his cousins. Despite having registered the lot in his name, Clemente did not disturb or claim ownership over those portions occupied by his uncle, aunt and cousins even up to the time of his death. Among the occupants of Lot No. 666 are the [respondents] in this case. [Respondents]-heirs of Vicente Ermac claim ownership over the portions of Lot No. 666 now occupied by them by right of succession as direct descendants of the original owner, Claudio Ermac. [Respondents] Luisa Del Castillo and Estaneslao Dionson allegedly derived their title by purchase from the children of Claudio Ermac. [Respondent] Vicente Dionson, on the other hand, bought his land from the heirs of Pedro Ermac, while [Respondents] Emigdio Bustillo and Liza Parajele derived their ownership from the Heirs of Balbina Ermac-Dabon. [respondents'] ownership and possession had been peaceful and undisturbed, until recently when the [petitioners]-heirs of Clemente Ermac filed an action for ejectment against them. The filing of the said ejectment caused a cloud of doubt upon the [respondents'] ownership over their respective parcels of land, prompting them to file this action for quieting of title. "[Petitioners], on the other hand, denied the material allegations of the [respondents], and claimed that the [respondents] have no cause of action against them. It is essentially claimed that it was Clemente Ermac and not his grandfather Claudio Ermac who is the original claimant of dominion over Lot No. 666. During his lifetime, Clemente Ermac was in actual, peaceful, adverse and continuous possession in the concept of an owner of the entire Lot No. 666. With the help of his children, he cultivated the said lot, and planted corn, peanuts, cassava and fruit products. Clemente also effected the registration of the subject lot in his name. Upon Clemente's death, [petitioners] inherited Lot No. 666, and they constructed their residential houses thereon. [Petitioners] claim that
G.R. No. 168819 - ALFREDO, PRECIOSA, ANGELITA AND CRISOSTOMO, ALL SURNAMED BUENAVENTURA, VS. AMPARO PASCUAL AND THE REPUBLIC OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library
G.R. No. 168819 -
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CaseG.R. NO. 158646 - HEIRS OF JESUS M. MASCUÑANA, REPRESENTED BY JOSE MA. R. MASCUÑANA, VS. COURT OF APPEALS, AQUILINO BARTE, AND SPOUSES RODOLFO AND CORAZON LAYUMAS.D E C I S I O N - Supreme Court E-Library
G.R. NO. 158646 -