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Manalo vs. Mariano,et al

DEMETRIO MANALO, petitioner, vs. HON. HERMINIO C. MARIANO, as Presiding Judge of the Court of First Instance of Rizal, SEVERINO, INOCENCIO, PRISCILLA, TEODORA, ELENA and LOPE, all surnamed MANALO, respondents.

G.R. No. L-33850 | 1976-01-22

D E C I S I O N

AQUINO, J:

The question in these special civil actions of certiorari and prohibition is whether Pasig Branch X of the Court of First Instance of Rizal can entertain an action for the annulment of a partition agreement on the ground of fraud although its validity had already been upheld by Branch VIII of the same court in a land registration case.

The factual background of that question, as shown in the expedientes of Land Registration Case No. N-6347, LRC Record No. N-35459 and Civil Case No. 13708 of the lower court, is as follows:

Pedro Manalo was the owner of a parcel of land located at Barrio Ususan, Pateros, near...