MELANIE, MARIO AND MANUEL, JR., ALL SURNAMED GESMUNDO, REPRESENTED BY THE LATTER AS ATTORNEY-IN-FACT OF HIS CO-HEIRS, VS. SALOME SAHAGUN VDA. DE GESMUNDO, SANORA GESMUNDO

Ruling

WHEREFORE, decision is hereby rendered adjudging the validity of the following: a) the deeds of sale dated August 11, 1947 and January 30, 1954 the former executed by Federico Gesmundo before notary public in favor of her (sic) stepmother Salome Sahagun; b) the two (2) Deeds of Partition with sale dated February 1, 1952 and January 9, 1957 executed by all the heirs of Felix Gesmundo, Sr. before a notary public; Declaring that plaintiffs [herein petitioners] have no cause of action whatsoever against herein defendants [herein respondents] as to the properties of the deceased Felix Gesmundo, Sr. as their forbears Federico Gesmundo and Manuel Gesmundo during their lifetime had ceded, transferred and conveyed all their rights, ownership and participation in the properties of Felix Gesmundo, Sr., subjects of this suit. Ordering defendants to deliver two-sixths (2/6) or one-third (1/3) portion of the parcel of land situated at Barangay Sta. Catalina under Tax Declaration No. 40-609 to the heirs of Federico Gesmundo namely Ronaldo Gesmundo, Reynaldo Gesmundo and the heirs of Rodolfo Gesmundo, namely, his wife Zenaida del Rosario Gesmundo and children Herminigilda, Belinda, Jayson, Arnulfo and Joan all surnamed Gesmundo and represented by Belinda Gesmundo as attorney-in-fact; and to the heirs of Manuel Gesmundo now Manuel Gesmundo, Sr. namely his wife Resurreccion Evangelista Gesmundo and children Melanie, Mario and Manuel, Jr., all surnamed Gesmundo represented by Manuel, Jr. as attorney-in-fact. Ordering the parties named above to conduct a subdivision of said lot covered by Tax Declaration No. 40-609 in order to determine the metes and bounds of the portions respectively belonging to them. All expenses to be incurred in the accomplishment of this division shall be borne proportionately by the parties. For insufficiency of evidence, claims and counterclaims of damages are ordered dismissed. Without pronouncement as to costs. SO ORDERED.