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Jovita Yap Ancog, et al. vs. Court Of Appeals, et al.

JOVITA YAP ANCOG and GREGORIO YAP, JR., petitioners, vs. COURT OF APPEALS, ROSARIO DIEZ and CARIDAD YAP, respondents.

G.R. No. 112260 | 1997-06-30

D E C I S I O N

MENDOZA, J:

This is a petition for review of the decision 1 of the Court of Appeals in CA-G.R. No. CV-19650, affirming the dismissal by the Regional Trial Court 2 of Bohol of an action for partition of a parcel of land which petitioners had filed.

The land, with improvements thereon, was formerly the conjugal property of the spouses Gregorio Yap and Rosario Diez. In 1946, Gregorio Yap died, leaving his wife, private respondent Rosario Diez, and children, petitioners Jovita Yap Ancog and Gregorio Yap, Jr., and private respondent Caridad Yap as his heirs.

In 1954 and again 1958, Rosario Diez obtained loans from the Bank...