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Jose Ma. Garcia vs CA & Sps. Magpayo, et al

JOSE MA. T. GARCIA, petitioner, vs. COURT OF APPEALS, SPS. LUISITO & MA. LUISA MAGPAYO AND PHILIPPINE BANK OF COMMUNICATIONS, respondents.

G.R. No. 133140 | 1999-08-10

D E C I S I O N

PUNO, J.:

This is a petition for review under Rule 45 of the Rules of Court to set aside the decision rendered by the Court of Appeals in CA-G.R. No. 44707 entitled "Jose Ma. T. Garcia, Plaintiff-Appellee versus Spouses Luisito and Ma. Luisa Magpayo and Sheriff of Makati, Defendants, Philippine Bank of Communications, Defendant-Appellant".[1]

The facts are as succinctly summarized by the appellate court, viz:

"Atty. Pedro V. Garcia, in whose name TCT No. S-31269 covering a parcel of land identified as Lot 17 situated at Bel Air II Village, Makati, was registered, sold with the consent of his wife Remedios T. Garcia, the...