G.R. No. 130352 - ROGELIA P. DIAZ-DUARTE, VS. SPS. BEN AND ETHYL ONG, AND THE COURT OF APPEALS.

Ruling

Wherefore, judgment is hereby rendered as follows: "1. Declaring the affidavit of Adjudication and Sale of Lot 1208 of the Tacloban Cadastre executed by Rogelia Diaz-Duarte on June 6, 1979 as null and void being a false document it having been established to the satisfaction of the court that Mrs. Rogelia-Diaz Duarte is not the sole heir of Macario Diaz, original owner of Lot 1208; "2. Ordering the Register of Deeds of Tacloban City, to cancel Transfer Certificate of Title No. T-17501 of Wilfredo Corregidor and Roseanna F. Corregidor of Lot 1208 of the Tacloban Cadastre and all certificates of title emanating therefrom including TCT No. 20338 of Ben S. Ong and Ethyl Ong; "3. Ordering the Register of Deeds of Tacloban to cancel TCT No. 20338 of Ben S. Ong and his wife Ethyl Y. Ong to Lot 1208 of the Tacloban Cadastre and issue in lieu thereof a new transfer certificate of title to the following persons: Mrs. Rogelia Diaz-Duarte, of legal age, widow and residing in Tacloban City, three-fourth or 20,052 square meters; and to the Heirs of Trinidad Diaz Arteche, represented by Mrs. Encarnacion A. Benedicto of Tacloban City, Philippines, one-fourth or 6,684 square meters, subject to the mortgage lien of the Rizal Commercial Banking Corporation. "4. Ordering the defendants to pay the costs. "SO ORDERED.