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Leoncia Baclayon vs. Court of Appeals, et al.

LEONCIA, MANUEL, DIOSDADA, ANTONIA, ISIDRO, GERONIMO, CRESENCIO, ALEJANDRO, BONIFACIA, AURELIO, EPIFANIO, POLICARPO, IRENEO, ALL SURNAMED BACLAYON; HRS. OF AGRIPINA BACLAYON, rep. by LUCIA BACLAYON; HRS. of MODESTA BACLAYON, rep. by FILING BACLAYON; HRS. OF HIPOLITO BACLAYON, rep. BY MARIO BACLAYON; HRS. OF TOMAS BACLAYON, rep. by CRISTITO BACLAYON; SILVESTRE ABANES; HRS. of LEONICA ABELLARE, rep. by FELIX BACLAYON; CECILIA, HERMINIA, FELIX, CONCORDIA, all surnamed DELA VICTORIA; and THE HON. JUDGE GERMAN LEE, JR., Presiding Judge of Branch XV, RTC, Cebu, petitioners, vs. THE HON. COURT OF APPEALS, HEIRS OF SPOUSES MARCIANO BACALSO AND GREGORIA SABANDEJA, namely, ARCADIA, FRANCISCA, JOSEFA, DIONESIA, VALENTINA, ANGELA, VENANCIO, DOMINGA and FELIMON, all surnamed BACALSO, respondents.

G.R. No. 89132 | 1990-02-26

D E C I S I O N


MEDIALDEA, J.:

This is a petition for review on certiorari of the decision of the Court of Appeals dated April 28, 1989 ordering the trial court, in a hearing supplementary to execution, to receive private respondents' evidence to prove that they are builders in good faith of the improvements and the value of said improvements, and its resolution dated June 20, 1989 denying the motion for reconsideration.

The antecedent facts are as follows:

On May 7, 1969, petitioners Leoncia, Martin, Policarpio, Hilarion, Ireneo, Juliana and Tomas, all surnamed Baclayon; Rosendo, Felicidad and Silvestra, all surnamed Abanes; and...