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Luisa Y. Ortega vs. Court of Appeals

LUISA Y. ORTEGA, NIEVES Y. ORTEGA, MARIA MARIZAL POLANCOS, represented by her father and natural guardian MAMERTO POLANCOS, JOAQUIN ORTEGA, JR., represented by his cousin, MARIA LUISA O. SEVILLE, as guardian ad litem, petitioners, vs. THE HONORABLE COURT OF APPEALS, HON. JUDGE NUMERIANO ESTENZO, CALIXTA YAP, ADELAIDA ORTEGA, CONCHITA ORTEGA, MAXIMO JOSE ORTEGA, JESUS ORTEGA, CARMEN ORTEGA LIM, AMPARO ORTEGA LONGALONG, and MERCEDES ORTEGA BACALSO, respondents.

G.R. No. L-43155 | 1987-08-14

D E C I S I O N


PARAS, J.:

The sole issue in this petition for certiorari is whether the respondent Judge Numeriano Estenzo of the then Court of First Instance of Leyte, Branch V, acted in excess of jurisdiction when he converted Civil Case No. 1184-0, an action for quieting of title, declaration of nullity of sale, and annulment of tax declaration of a parcel of land, into an action for the declaration of who is the legal wife, who are the legitimate children, if any, and who are the compulsory heirs of the deceased Joaquin Ortega. The Court of Appeals * dismissed the petition assailing the decision of the trial court.

As factual...