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Francisco Mascarina vs. Eastern Quezon College

FRANCISCO MASCARI?A, ROSARIO MASCARI?A, RUBEN SESPERES, SULPICIO SESPERES, SAMSON SESPERES, CRISANTA VILLAROSA, MARIA SESPERES, ELISA SESPERES, WILNA SESPERES, SAMSON V. SESPERES, REUEL SESPERES, MANUEL SESPERES and ROMEO SESPERES, petitioners, vs. EASTERN QUEZON COLLEGE represented by its President, JOSE R. VILAR, and HON. JUAN B. MONTECILLO, Court of First Instance, Branch III at Gumaca, Quezon, respondents.

G.R. No. L-48974 | 1989-11-29

D E C I S I O N


FERNAN, J.:

Assailed in this petition for certiorari is the propriety of the decision of the Court of First Instance of Quezon 1 on the merits of the complaint for easement of right of way after said court had denied defendants' motion to dismiss and granted their prayer therein for judgment on the pleadings.

Petitioners herein are the co-owners pro-indiviso of a parcel of land described as Lot 26 in the cadastral survey of Gumaca, Quezon. Lot 26 is bounded on the north by Lot 23, on the east by Lot 24 and a portion of the provincial road, on the west by a swamp and on the south by the Gumaca River and Lot 27.

Lots 23...