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Estefania Pisalbon, Et Al vs. Enrique Balmoja, Et Al 122 Phil. 289

ESTEFANIA PISALBON and her husband CARLOS PAET, plaintiffs-appellants, vs. ENRIQUE BALMOJA, FEDERICO LASERNA, FRANCISCA SANDOVAL, FERMIN ESQUILLO, SULPICIA SANDOVAL, CIPRIANA FLORES, MAURICIO ILASIN, defendants-appellees.

G.R. No. L-17517 | 1965-08-31

D E C I S I O N 


MAKALINTAL, J.: 

The original complaint in this case was filed by the plaintiffs against the defendants in 1949 for partition of two parcels of land situated in the Municipality of San Manuel, Pangasinan. It was dismissed by the Court of First Instance of the said province on the ground that the lands had been the subject of free patent applications by defendants Enrique Balmoja and Federico Laserna and therefore could not be the subject of litigation between private parties. The order of dismissal was elevated to the Court of Appeals, which remanded the case below for trial on the merits. 

In 1955 an amended...