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JurisprudenceG.R. No. 152766 -

G.R. No. 152766 -

En Banc

Cited Laws

RA 122RA 38,RA 378,RA 264RA 471,476RA 257RA 296RA 431RA 154
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TL;DR — Ruling

WHEREFORE , the Petition is GRANTED . The Decision of the Court of Appeals dated 23 May 2001 as well as its Resolution dated 8 January 2002 in CA-G.R. SP No.

Decision

Ruling

WHEREFORE , the Petition is GRANTED . The Decision of the Court of Appeals dated 23 May 2001 as well as its Resolution dated 8 January 2002 in CA-G.R. SP No. 59182 is ANNULLED and SET ASIDE . A survey of the questioned lot with TCT No. 289216 (formerly TCT No. 263624) by a duly licensed geodetic engineer and the PARTITION of the aforesaid lot are ORDERED . Let the records of this case be REMANDED to MeTC-Br. 49, Caloocan City to effect the aforementioned survey and partition, as well as segregate the 1/6 portion appertaining to petitioner Lilia Sanchez. The Deed of Absolute Sale by the other co-owners to Virginia Teria shall be RESPECTED insofar as the other undivided 5/6 portion of the property is concerned. SO ORDERED.