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Director of Lands vs. Heirs of Juana Carolino, et al.

DIRECTOR OF LANDS, petitioner, vs. HEIRS OF JUANA CAROLINO, namely Macario, Zacarias and Francisca, all surnamed Abalos, IGNACIO ABAYA, JUANA MINIANO and COURT OF APPEALS, respondents.

G.R. No. L-61598 | 1985-12-12

D E C I S I O N


AQUINO, C.J.:

This is a controversy over Lot 3439 of the San Jose cadastre, Nueva Ecija located in Barrio Kita-Kita with an area of more than 28 hectares.

The heirs of Juana Carolino, in their petition dated August 28, 1967 to reopen Cadastral Case No. 9, alleged that Lot 3439 was adjudicated to Juana in 1925, that an order was issued for the issuance of a decree and that said decision and order are not available as shown in the certification dated August 9, 1967 of the branch clerk of court of the Court of First Instance of Cabanatuan City which reads (Annex A):

"This is to certify that in accordance with the Docket...