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JurisprudenceG.R. No. 230784 -

namely: Hospicio Caletina, Jr., Aniceto Caletina, and Florida Caletina v. Angel Yadao, Josephine Yadao, Ernesto Guzman, Arsenio De La Peña, Antonio De La Peña, Sr., Antonio De La Peña, Jr., Ronald Campos, Mario De La Peña, Alfonso Agcaoili, Raisy Evilda, Ofelia Naceno, Jaime Coles, and Bella Calina

Cited Laws

RA 1RA 386,RA 43RA 1,RA 512RA 30RA 99
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TL;DR — Ruling

the petition is GRANTED and the Decision dated February 29, 2016 and Resolution dated December 20, 2016 of the Court of Appeals in CA-G.

Decision

Ruling

ACCORDINGLY , the petition is GRANTED and the Decision dated February 29, 2016 and Resolution dated December 20, 2016 of the Court of Appeals in CA-G.R. CV No. 99109, REVERSED and SET ASIDE . The complaint in Civil Case No. 1868-S of the Regional Trial Court, Branch 12, Sanchez Mira, Cagayan is ordered DISMISSED . Petitioners Heirs of Angel Yadao, namely: Rufina Yadao, Etherlyn Yadao-Yasaña, Ryanth Yadao, Ruth Ann Yadao-Mangibunong, Dina Joyce Yadao-Ines, and Angel Yadao, Jr.; Heirs of Josefina Idica-Yadao, namely: Lourdes Yadao-Apostol and Aurora Yadao; and the Heirs of Ofelia Yadao­-Naceno, namely: Teodulfo Naceno, Jr., Aileen Naceno and Irma Naceno­-Agpaoa are declared co-owners of Lot 1087 of Cadaster 317-D, located at Barangay Taggat Norte, Claveria, Cagayan with a total area of 1,797 square meters and covered by Original Certificate of Title No. P-479 (S). Respondents heirs of Juan Caletina, namely: Hospicio Caletina, Jr., Aniceto Caletina, and Florida Caletina, are DIRECTED to EXECUTE AT THEIR OWN EXPENSE a registrable deed of conveyance in petitioners' favor for the issuance of a new Transfer Certificate of Title in their names as co-owners of Lot 1087. In case respondents refuse or neglect to execute such registrable deed, the Clerk of Court or the Officer-in-Charge of Regional Trial Court, Branch 12, Sanchez Mira, Cagayan is authorized and ordered to execute such document on their behalf and to collect the lawful expenses for such purpose as part and parcel of this Decision. SO ORDERED.