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Leonardo Mariano, Et Al. Vs. Court Of Appeals, Et Al.

LEONARDO MARIANO, AVELINA, TIGUE, LAZARO MARIANO, MERCEDES SAN PEDRO, DIONISIA M. AQUINO, and JOSE N.T. AQUINO, petitioners, vs. HON. COURT OF APPEALS, (Sixteenth Division), GRACE GOSIENGFIAO, assisted by her husband CHARLIE GUILLEN; EMMA GOSIENGFIAO, assisted by her husband GERMAN GALCOS; ESTER GOSIENGFIAO, assisted by her husband AMADOR BITONA; FRANCISCO GOSIENGFIAO, JR., NORMA GOSIENGFIAO, and PINKY ROSE GUENO, respondents.

G.R. No. 101522 | 1993-05-28

D E C I S I O N


NOCON, J.:

Before Us is a petition for review of the decision dated May 13, 1991 of the Court of Appeals in CA-G.R. CV No. 13122, entitled Grace Gosiengfiao, et al. v. Leonardo Mariano v. Amparo Gosiengfiao 1 raising as issue the distinction between Article 1088 2 and Article 1620 3 of the Civil Code.

The Court of Appeals summarized the facts as follows:

"It appears on record that the decedent Francisco Gosiengfiao is the registered owner of a residential lot located at Ugac Sur, Tuguegarao, Cagayan, particularly described as follows, to wit:

'The eastern portion of Lot 1351, Tuguegarao Cadastre, and after its...