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Dr. Jose, et al. vs Faustino Arciaga, et al

DR. JOSE AND AIDA YASON, PETITIONERS, VERSUS FAUSTINO ARCIAGA, FELIPE NERI ARCIAGA, DOMINGO ARCIAGA AND ROGELIO ARCIAGA, RESPONDENTS.

G.R. No. 145017 | 2005-01-28



THIRD DIVISION
DECISION

SANDOVAL-GUTIERREZ, J.:

Before us is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, assailing the Amended Decision[1] of the Court of Appeals dated September 13, 2000 in CA G.R. CV No. 55668, entitled “Faustino Arciaga, et. al. vs. Dr. Jose Yason and Aida Yason.”

The factual antecedents as borne by the records are:

Spouses Emilio and Claudia Arciaga were owners of Lot No. 303-B situated in Barangay Putatan, Muntinlupa City, with an area of 5,274 square meters covered by TCT No. 40913 of the Registry of Deeds of Makati City.  On March 28, 1983, they executed a Deed...