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Teofilo Linaza vs. Intermediate Appellate Court, et al.

TEOFILO LINAZA, petitioner, vs. HONORABLE INTERMEDIATE APPELLATE COURT AND IGNACIO MALINTAD, respondents.

G.R. No. 73741 | 1990-02-28

D E C I S I O N


PARAS, J.:

Petitioner seeks the review of the Decision of the Intermediate Appellate Court * (now the Court of Appeals) promulgated October 22, 1985 in AC-G.R. CV No. 04349-R declaring private respondent Ignacio Malintad the "owner of the disputed area". (p. 18, Rollo) This reversed the earlier Decision of the Regional Trial Court of Surigao del Sur dismissing private respondent's complaint for recovery of ownership and possession with damages against petitioner. The dispositive portion of the trial court's decision reads:

"WHEREFORE, for having failed to support with sufficient evidence, the plaintiff's complaint is...