G.R. No. 155236 -

Ruling

accordingly deny the petition. The decision sought to be annulled was rendered on 16 April 1998 in Civil Case No. 10173 by the Dumaguete City RTC Branch 44. [2] The facts antecedent to that case and those pertinent to this petition are culled from the decision of the Court of Appeals. [3] On 24 March 1925, Simeona Montenegro sold to the spouses Maximo Orbeta and Basilisa Teves ("spouses Orbeta") a portion, comprising of 4,622 square meters, of a parcel of land designated as Lot 606 of the Cadastral Survey of the Municipality of Dumaguete ("subject land"), by virtue of a document denominated Escritura de Compra Venta . The subject land was exclusive of a 884-square meter site occupied by the house of Simeona Montenegro's grandmother which was not included in the sale. On 25 January 1934, Maximo Orbeta, in turn, sold to the spouses Juan Sendiong and Exequila Castellanes the subject land, with all the improvements existing thereon. On 30 September 1968, upon the instance of the heirs of the spouses Orbeta, Simeona Montenegro executed in their favor a Deed of Confirmation of Sale and Quitclaim, acknowledging and ratifying the sale of the subject land to the spouses Orbeta. On the same day, the said heirs executed an Extra-judicial Settlement and Partition pertaining to the estate of their mother, Basilisa Teves-Orbeta, which deed included the latter's alleged conjugal share in the subject land consisting of 2,311 square meters. In the meantime or on 29 December 1956, the spouses Juan Sendiong and Exequila Castellanes donated the subject land in favor of Luis Sendiong who therafter sold the easternmost one-half (1/2) undivided portion thereof to the spouses Pretzylou Sendiong [4] on 9 June 1973. Apparently, Luis Sendiong kept the other undivided half for himself. Thereafter, Simeona Montenegro, having apparently lost possession over the 884-square meter portion that was excluded in the 1925 sale, filed a complaint on 25 May 1972 against Luis Sendiong for recovery of possession of the said portion, and damages, which was docketed as Civil Case No. 5442 of the Court of First Instance of Negros Oriental. The heirs of Basilisa Teves-Orbeta, for their part, filed a complaint-in-intervention dated 26 December 1973, praying for the recovery of possession of their portion in the subject land comprising of 2,311 square meters. However, during the pendency of this case, the case records were destroyed in a fire which razed the sala of the RTC hearing the complaint. Said records were not reconstituted, and it seems the complaint was never pursued. On 18 May 1992, the heirs of Simeona Montenegro, as well as the heirs of the spouses Orbetaherein petitioners ("petitioners")filed before the RTC of Negros Oriental a complaint against Mr. & Mrs. Benedicto Pajulas, otherwise known as the spouses Pretzylou Sendiong, for recovery of possession, quieting of title and damages, with a prayer for the issuance of a writ of preliminary injunction, docketed as Civil Case No.