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Ochagabia, et al vs CA, Heirs of Dionisio, et al

BIOMIE S. OCHAGABIA, TORIBIA G. DETALLA and ROSENDA G. DENORE, petitioners, vs. COURT OF APPEALS, LEGAL HEIRS OF ROSENDA ABUTON DIONISIO, LUZVIMINDA A. DIONISIO, and the ROMAN CATHOLIC CHURCH OZAMIS CITY DIOCESE represented by BISHOP HILARION CARALOS, respondents.

G.R. No. 125590 | 1999-03-11

D E C I S I O N


BELLOSILLO, J.:

Rights and actions can be lost by the fact of delay and by the effect of delay. The first is a matter of fixed time; the second is principally a question of the inequity of permitting a claim to be enforced, as when the condition of the property or the relation of the parties has subsequently changed.

Martin Garban and Fausta Bocayong, spouses, owned Lots Nos. 1074 and 1144 with respective areas of 2,778 square meters and 7,511 square meters, both situated in Barangay Gango, Ozamis City. Sometime in 1926 the couple conveyed both lots to Rosenda Abuton Dionisio by way of sale con pacto de retro.

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