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ESPERIDION LOPEZ and SPOUSES ROSALAIDA and AUDIE ABOY vs. HON. CA and CARMEN L. CABRERA

ESPERIDION LOPEZ and SPOUSES ROSALAIDA and AUDIE ABOY, petitioners, vs. HON. COURT OF APPEALS and CARMEN L. CABRERA, respondents.

G.R. No. 145588 | 2001-09-10

D E C I S I O N

VITUG, J.:

A petition for review on certiorari under Rule 45, Rules of Court, seeks a reversal of two resolutions, dated 21 August 2000 and 28 September 2000, of the Court of Appeals. The dispute involves a piece of land situated in Barrio Kauswagan, Cagayan de Oro City, covered by TCT-T-49610 registered in the name of deceased Silvino Daculan.

On 15 May 1990, Luz Daculan, the surviving spouse of Silvino who died on 19 January 1988, sold a portion, hereunder described, of the property to Carmen Cabrera.

"xxx that remaining portion of Lot 1282-C-2, after deducting therefrom Lot 1282-C-2-C and Lot 1282-C-2-D, with an area...