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Heirs of Tan Eng Kee vs CA & Benguet Lumber Company rep by Tan Eng Lay

HEIRS OF TAN ENG KEE, petitioners, vs. COURT OF APPEALS and BENGUET LUMBER COMPANY, represented by its President TAN ENG LAY, respondents.

G.R. No. 126881 | 2000-10-03

D E C I S I O N


DE LEON, JR., J.:

In this petition for review on certiorari, petitioners pray for the reversal of the Decision[1] dated March 13, 1996 of the former Fifth Division[2] of the Court of Appeals in CA-G.R. CV No. 47937, the dispositive portion of which states:

THE FOREGOING CONSIDERED, the appealed decision is hereby set aside, and the complaint dismissed.

The facts are:

Following the death of Tan Eng Kee on September 13, 1984, Matilde Abubo, the common-law spouse of the decedent, joined by their children Teresita, Nena, Clarita, Carlos, Corazon and Elpidio, collectively known as herein petitioners HEIRS OF TAN ENG KEE,...