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Francisco Dizon vs Sebastian Gonzaga, et al.

FRANCISCO S. DIZON, petitioner, vs. SEBASTIAN GONZAGA, ELISEO GONZAGA, PRESCILO GONZAGA and ESPIRITU GONZAGA, respondents.

G.R. No. 138863 | 2002-01-23

D E C I S I O N

BUENA, J.:

This is a petition for review on certiorari under Rule 45 seeking to set aside the decision of the Court of Appeals, dated 13 January 1999, in CA G.R. CV No. 25531,[1] entitled "Sebastian Gonzaga, et al. vs. Francisco Dizon," affirming the decision of the Regional Trial Court of Davao, Branch 10, in Civil Case No. 9848, the dispositive portion of which reads:

"WHEREFORE, judgment is hereby rendered ordering the defendant -

"1. On the first cause of action, to vacate lot 529-B-5 and surrender possession thereof to the plaintiffs to whom it belongs, including all existing improvements thereon which also belong...