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Spouses Amancio and and Luisa Sarmiento, et al. vs. The Hon. Court of Appeals, et al.

SPOUSES AMANCIO and LUISA SARMIENTO and PEDRO OGSINER, Petitioners, versus THE HON. COURT OF APPEALS (Special Former Fifth Division), RODEANNA REALTY CORPORATION, THE HEIRS OF CARLOS MORAN SISON, PROVINCIAL SHERIFF OF PASIG, M.M., MUNICIPAL (CITY) TREASURER OF MARIKINA, JOSE F. PUZON, THE HON. EFICIO ACOSTA, REGIONAL TRIAL COURT OF PASIG CITY, BRANCH 155 and REGISTER OF DEEDS OF MARIKINA (CITY), RIZAL, Respondents.

G.R. No. 152627 | 2005-09-16

SECOND DIVISION
 
D E C I S I O N 
 
CHICO-NAZARIO, J.: 
 
In a case for recovery of possession based on ownership (accion reivindicatoria), is the defendant's third-party complaint for cancellation of plaintiff's title a collateral attack on such title? 
 
This is the primary issue that requires resolution in this petition for review on certiorari of the Decision[1] of the Court of Appeals dated 27 November 2001 and its Resolution[2] dated 08 March 2002 affirming the Decision of the Regional Trial Court (RTC) of Pasig, Branch 162, in Civil Case No. 54151, finding for then plaintiff (private respondent...