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Epifania Magallon vs Rosalina L. Montejo 146 SCRA 252

EPIFANIA MAGALLON, petitioner, vs. HON. ROSALINA L. MONTEJO, in her Official Capacity as Presiding Judge of Regional Trial Court of Davao del Sur, Branch XXI, CONCEPCION LACERNA, ELECERIA LACERNA and PURITA LACERNA, respondents.

G.R. No. 73733 | 1986-12-16

D E C I S I O N

NARVASA, J:

The petition before this Court seeks the annulment of a writ of execution issued by the respondent Judge in Civil Case No. 727 of her court (RTC Davao del Sur). Said case was instituted by the plaintiffs (private respondents herein) against Martin Lacerna to compel partition of parcel of land located in Barrio Kasuga, Municipality of Magsaysay, Davao del Sur, to which said defendant had perfected a claim by homestead. The plaintiffs, claiming to be the common children of Martin Lacerna and his wife, Eustaquia Pichan, who died in 1953, asserted a right to one-half of the land as their mother's share in her...