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Felicitacion B. Borbajo vs Hidden View Homeowners, Inc., et al.

FELICITACION B. BORBAJO, petitioner, vs. HIDDEN VIEW HOMEOWNERS, INC., SPS. MARCELINA A. SARCON, ELY D. SARCON, ROBERTO ALVAREZ, CORAZON NOMBRADO, and GILBERT ANDRALES, in their personal capacities, respondents.

G.R. No. 152440 | 2005-01-31



SECOND DIVISION
DECISION

TINGA, J.:

Before this Court is a Rule 45 petition assailing the Decision[1] dated 21 September 2001 of the Court of Appeals which reversed the Decision[2] dated 14 September 1999 of the Regional Trial Court (RTC) of Cebu City, Branch 58.

The factual antecedents are as follows:

Jose C. Bontuyan (Bontuyan), Lucy Solon, Georgina Solon, Helen Solon and Vicente Solon, Jr. (the Solons) were the registered owners of a parcel of agricultural land (Lot 10183-A), covering an area of 13,910 square meters situated at Barangay Bacayan, Cebu City as evidenced by Transfer Certificate of Title (TCT) No. 73709 of the Register of Deeds...