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Heirs of Marciano Nagano vs. Court of Appeals

HEIRS OF MARCIANO NAGANO, petitioners vs. COURT OF APPEALS, SPOUSES PONCIANO MALLARI and GLORIA BINUYA, SPOUSES ELENA MALLARI and MELENCIO TULABAN, and REGINA MALLARI, respondents.

G.R. No. 123231 | 1997-11-17

D E C I S I O N

DAVIDE, JR., J:

In this petition for review under Rule 45 of the Rules of Court, petitioners seek the reversal of the decision of the Court of Appeals in CA-G.R. CV No. 40017 1 which set aside the Order of the Regional Trial Court of Gapan, Nueva Ecija, Branch 35 in Civil Case No. 836 2 dismissing private respondents' complaint 3 which sought the declaration of nullity of the Original Certificate of Title (OCT) issued pursuant to a Free Patent in the name of petitioners.

The factual antecedents, as succinctly summarized by the Court of Appeals, are as follows:

Plaintiffs-appellants [respondents] filed a complaint for the...