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Teofisto Maximo, et al. Vs. Placido Alicha

TEOFISTO, FELICISIMO and MAXIMO, all surnamed UMBAY, and FILOMENA, FRANCISCO, SUSANA, CELERINA and JOSEFA, all surnamed ENANORIA, petitioners, vs. PLACIDO ALECHA, NICOLASA LABAJO and INTERMEDIATE APPELLATE COURT, respondents.

G.R. No. L-67284 | 1985-03-18

D E C I S I O N


AQUINO, J.:

This case is about the right of the heirs of the registered owner of a parcel of land with an area of 2,265 square meters to recover a portion thereof with an area of 500 square meters allegedly usurped by the adjoining owner.

Natalio Enanoria was the owner of Lot No. 5280 located in the mountain of Barrio Valencia, Carcar, Cebu. His title is OCT No. 10933 issued in 1922 (Exh. A). He died in 1924. In 1963 his heirs asked a surveyor to relocate the lot. They discovered that its 500-square-meter portion was occupied by Placido Alecha, the owner of the adjoining Lot No. 5281 which is its southeastern boundary...