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Lopez, et al vs. Padilla, et al.

BERNABE LOPEZ (M.S.A. VI-1-35), MRS. GLORIA D. RAMA, assisted by her husband FORTUNATO RAMA (M.S.A. VI-NEW), MELECIO CABIDO (M.S.A. NO. VI-1-167), SOTERO UBAL (M.S.A. NO. VI-1-2-10), MRS. FELISA VDA. DE BORJA (M.S.A. VI-1-NEW), JOSE ARQUIZAL (R.P.A. NEW),

G.R. No. L-27559 | 1972-05-18

D E C I S I O N


TEEHANKEE, J:

Direct appeal on questions of law from the orders of the Court of First Instance of Cebu dismissing plaintiffs' complaint.

Plaintiffs' complaint for cancellation of title and injunction: with prayer for writ of preliminary mandatory injunction as filed on June 10, 1966, made the following allegations, as restated by them in their brief:

"That the late Juan Padilla, the predecessor in interest of defendants Emilio Padilla and Alberto Padilla, was the applicant of a public land under Homestead Application No. V-6992 filed with the Bureau of Lands on February 28, 1939 (par. 2, complaint; p. 2, record on...