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JurisprudenceG.R. NO. 125254 -

SPOUSES SAMUEL ULEP (DECEASED) AND SUSANA REPOGIA-ULEP; SAMUEL ULEP IS SUBSTITUTED BY HIS SURVIVING SPOUSES SUSANA REPOGIA-ULEP AND HIS CHILDREN: SALLY, RENATO, RODELIO AND RICHARD, ALL SURNAMED ULEP, AND VALENTINA ULEP, VS. HONORABLE COURT OF APPEALS, FORMER EIGHT DIVISION, IGLESIA NI CRISTO, MAXIM

Cited Laws

RA 15,RA 565RA 101,RA 33RA 702RA 113RA 321,RA 201,RA 544
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TL;DR — Ruling

WHEREFORE, premises considered, the appealed judgment is MODIFIED as above indicated. Accordingly, the decretal portion of said judgment should read as follows: "1. The Deed of Absolute Sale dated December 21, 1954 executed by plaintiffs-spouses Atinedoro Ulep and Beatriz Aguilar and Valentina Ulep in favor of [respondent] INC is declared valid (Exh. K-1).

Decision

Ruling

WHEREFORE, premises considered, the appealed judgment is MODIFIED as above indicated. Accordingly, the decretal portion of said judgment should read as follows: "1. The Deed of Absolute Sale dated December 21, 1954 executed by plaintiffs-spouses Atinedoro Ulep and Beatriz Aguilar and Valentina Ulep in favor of [respondent] INC is declared valid (Exh. K-1). "2. Lot No. 840 is declared as owned by the following parties in the following proportions: (f) 1,635 sq. m. eastern portion to [respondent] Maxima Rodico already covered by TCT No. 12690 (Exh. K-3); (g) 297.5 sq. m. to [petitioner]-spouses Samuel Ulep and Susana Repogia; (h) ½ of 210 sq. m. to [petitioner]-spouses Samuel Ulep and Susana Repogia; and the other one-half or 105 sq. m. to Valentina Ulep in accordance with Exh. "C," a deed of renunciation executed by the heirs of Atinedoro Ulep who died in 1987 and his surviving spouse Beatriz Aguilar; (i) 507.5 sq. m. to [respondents] Warlito Paringit and Encarnacion Gante, already covered by TCT No. 12688 (Exh. K-2); (j) 620 sq. m. to [respondent] INC, already covered by TCT No. 12689 (Exh. K-1). "3. TCT No. 16205 registered in the names of [petitioner-spouses] Samuel and Susan Ulep (Exh. K-4) is annulled. "The Register of Deeds of Pangasinan is ordered to issue a new TCT in favor of [petitioner-spouses] Samuel Ulep and Susana Repogia covering only 297.5 sq. m.; and another new TCT covering 105 sq. m. in favor of Valentina Ulep and the other ½ of 210 sq. m. or 105 sq. m. in favor of [petitioner-spouses] Samuel Ulep and Susana Repogia pursuant to Exh. "C". No Costs ." SO ORDERED.