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Susana de la Cerna, et al. Vs. Damian Camilo, et al.

SUSANA DE LA CERNA LAINGO, TEODORO DACUYAN, ELENA DACUYAN and SAMSON DACUYAN, petitioners, vs. DAMIAN CAMILO and/or JUAN MAGALLANES, respondents.

G.R. No. L-35833 | 1984-06-29

D E C I S I O N


GUTIERREZ, JR., J.:

The issue raised in this petition is whether or not the execution ordered by the respondent court conforms to the final judgment embodied in the decision of the Court of Appeals in CA-G.R. No. 43920-R.

The petitioners filed a complaint as plaintiffs in Civil Case No. 5438 of the Court of First Instance of Davao to recover a seven hectare portion of a twenty-two hectare parcel of land in Malita, Davao.

The disputed property is part of a homestead applied for by Gaudencio Dacuyan married to Susana de la Cerna and awarded in 1934 to the "heirs of Gaudencio Dacuyan" because the applicant had died in the...