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Sps. Tito Alvaro, et al. vs. Sps. Osmundo Ternida, et al.

SPS. TITO ALVARO and Maria Valelo, Petitioners, vs. SPS. OSMUNDO TERNIDA and JULITA RETURBAN, COURT OF APPEALS, Respondents.

G.R. No. 166183 | 2006-01-20


FIRST DIVISION

D E C I S I O N

YNARES-SANTIAGO, J.:

Assailed in this petition for review on certiorari under Rule 45 of the Rules of Court are the July 30, 2004 Decision[1] of the Court of Appeals in CA-G.R. CV No. 61985 and the November 3, 2004 Resolution[2] which denied petitioners’ motion for reconsideration.

The antecedent facts are as follows:

Respondent-spouses Osmundo Ternida and Julita Returban are the owners of the contested property, an 8,450 sq. m. parcel of non-irrigated riceland situated at Barangay Labney, San Jacinto, Pangasinan.

On May 26, 1986, Julita mortgaged the land to the spouses Salvador de Vera and Juanita Orinion for...