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Cutanda, Cutanda, etal. vs Cutanda, Cutanda, Avenido & CA

DOMINICA CUTANDA, SEBASTIAN CUTANDA, JUANARIO CUTANDA, SOTERO CUTANDA, CRISPIN CUTANDA, FLORENCIO CUTANDA, TRINIDAD CUTANDA, NICANOR CUTANDA, GABINA CUTANDA FLORES, and CLAUDIO CUTANDA, petitioners, vs. HEIRS OF ROBERTO CUTANDA, namely, GERVACIO CUTANDA, SOPRONIO C. CUTANDA, JORGE CUTANDA, and CRISPIN G. AVENIDO and COURT OF APPEALS, respondents.

G.R. No. 109215 | 2000-07-11

D E C I S I O N


MENDOZA, J.:

This is a petition for review of the decision of the Court of Appeals dated March 31, 1992 in C.A.-G.R. CV No. 24546, insofar as it reverses the decision of the Regional Trial Court, Branch 1, Tagbilaran City declaring petitioners as the true and lawful owners of the subject lands.

The background of this case is as follows:

On August 4, 1988, private respondents brought an action for recovery of possession, accounting and damages against petitioners in the Regional Trial Court of Tagbilaran City. They alleged1 [Complaint; Rollo, pp. 30-33.] that in the 1900's, their grandfather, Roberto Cutanda, owned two...