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De La Cerna vs. De la Cerna 72 SCRA 514

AQUILINO DE LA CERNA and APOLINARIO DE LA CERNA, plaintiffs-appellants, vs. LOURDES DE LA CERNA and MIGUEL DE LA CERNA, defendants-appellees.

G.R. No. L-28838 | 1976-08-31

D E C I S I O N

BARREDO, J:

Direct appeal to the Supreme Court from the order, dated July 28, 1967, of the Court of First Instance of Davao in its Civil Case No. 5455 (for partition and reconveyance of property with damages), dismissing the said case after a preliminary hearing on the special and affirmative defense that the action has prescribed set up by therein defendants in their answers.

During the marital life of the spouses Narciso de la Cerna and Eladia Bustamante they acquired a parcel of residential land located at San Roque Street, City of Davao, with an area of 5,006 square meters, and covered by Transfer Certificate of Title No....