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Heirs Of Mariano Lagutan, Et Al. Vs. Severina Icao, Et Al.

HEIRS OF MARIANO LAGUTAN, Namely: FRANCISCA ICAO, AMADOR LAGUTAN, FEDERICO LAGUTAN, RICARDO LAGUTAN, GODOFREDO LAGUTAN, NEMIA LAGUTAN, SALVADOR LAGUTAN, ALBERTO LAGUTAN, and HERNANDITA LAGUTAN, petitioners, vs. SEVERINA ICAO, TERESITA ICAO, IGNACIA ICAO, MARGARITA ICAO, MERCURIAL SAGARIO and MR. MAGALLON, respondents.

G.R. No. 58057 | 1993-06-30

D E C I S I O N


MELO, J.:

This case was certified to us by the Court of Appeals on a question of law pursuant to Section 17 of the Judiciary Act of 1948, as amended, involved as there is the legality of the dismissal of petitioners' Amended Complaint by the trial court based on respondents' Motion to Dismiss.

On May 23, 1972, herein petitioner, Heirs of Mariano Lagutan, filed a Complaint (Civil Case No. 2293, CFI, Zamboanga del Norte, Br. I) against respondents Severina Icao, et al. for "Specific Performance and/or Payment of Improvements" in regard to two parcels of land, namely, Lot No. 475, located at Talon, Potangon, Dapitan City,...