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Lamera, et al. vs. Callanga

GORGONIA LAMERA and DIOSDADO LAMERA, petitioners-appellants, vs. MAXIMO CALLANGA, oppositor-appellee.

G.R. No. L-30847 | 1973-11-26

D E C I S I O N

TEEHANKEE, J:
In rejecting this appeal from the lower court's dismissal of a summary petition under section 112 of Act 496 for cancellation of oppositor's torrens title on the ground that it was obtained by fraud, the Court once again reiterates the established doctrine that summary relief under Act 496 can only be granted if there is unanimity among the parties or there is no adverse claim or serious objection by any part in interest, and that otherwise, the petition must be dismissed since controversial and contentious issues must be heard and adjudicated in an appropriate civil action by the regular courts of general...