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Del Rosario vs Montana

SPS. WILFREDO DEL ROSARIO and FE LUMOTAN DEL ROSARIO, Petitioners, versus VIRGILIO MONTA?A and GENEROSO CARLOBOS, Respondents.

G.R. No. 134433 | 2004-05-28

D E C I S I O N




AUSTRIA-MARTINEZ, J.:





Before the Court is a petition for certiorari under Rule 65 of the Rules of Court assailing the decision dated February 9, 1998 rendered by the Regional Trial Court of Caloocan City (Branch 121) dismissing petitioners' complaint for quieting of title with recovery of possession de jure.



The facts of this case are undisputed.

On September 14, 1973, then President Ferdinand E. Marcos issued Presidential Decree No. 293, canceling certain sales certificates and/or transfer certificates of title in the name of Carmel Farms, Inc. which cover the Tala Estate in Caloocan City, and declaring...