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JurisprudenceG.R. No. 65416 -

FELICIDAD CRUCILLO, AND MIGUELA CRUCILLO, VS. THE

Cited Laws

RA 334RA 336RA 312
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TL;DR — Ruling

WHEREFORE, judgment is hereby rendered: A) Declaring the Deed of Partition, Exh. “A”, null and void; b) Declaring the defendants-spouses Felix Noceda and Benita Gatpandan to be the true and lawful owners of the ‘ancestral house’ and the lot upon which it is erected, consisting of 249.75 square meters, more or less. Pursuant to Art.

Decision

Ruling

WHEREFORE, judgment is hereby rendered: A) Declaring the Deed of Partition, Exh. A, null and void; b) Declaring the defendants-spouses Felix Noceda and Benita Gatpandan to be the true and lawful owners of the ancestral house and the lot upon which it is erected, consisting of 249.75 square meters, more or less. Pursuant to Art. 1623 of the New Civil Code however, the plaintiffs are hereby given thirty (30) days from notice to their counsel within which to exercise their right of legal redemption; c) Declaring Tax Declaration Nos. 5413, 5414, 5415, 5416, and 5417 of the Office of the Provincial Assessor of Cavite (Exhs. C, C-1 to C-4) null and void, and directing the Provincial Assessor of Cavite to cancel the same; d) Directing the Provincial Assessor of Cavite to issue new Tax Declaration in lieu of Tax Declarations No. 376 (Exh. C-5), as follows: 1) To the Heirs of Elena Crucillo, for a parcel of land containing an area of 249.75 sq.m., in lieu of Tax Declaration No. 6413; 2) To the Heirs of Maximino Crucillo for a parcel of land containing an area of 249,75 square meters in lieu of Tax Declaration No. 5414. 3) To Adelaida Crucillo for a parcel of land containing an area of 249.75 square meters, in lieu of Tax Declaration No. 5415; 4) To Carlomagno Crucillo for a parcel of land containing an area of 249.75 square meters, in lieu of Tax Declaration No. 5416; 5) To the Spouses Felix Noceda and Benita Gatpandan for a parcel of land containing an area of 249.75 square meters and the house erected thereon, in lieu of Tax Declaration No. 5417; 6) To the Heirs of Vicente Crucillo for a parcel of land containing an area of 249.75 square meters; 7) To the Heirs of Perpetua Crucillo for a parcel of land containing an area of 249.75 square meters; 8) To Miguel Crucillo for a parcel of land containing an area of 249.75 square meters; all in accordance with the Sketch Plan (Exhs. X and Y); e) Dismissing plaintiffs second and third causes of action; f) Dismissing defendants counterclaim for insufficiency of evidence. No pronouncement as to costs. SO ORDERED.