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Patricio vs. Dario III

PERLA G. PATRICIO, Petitioner, versus MARCELINO G. DARIO III and THE HONORABLE COURT OF APPEALS, Second Division, Respondents.

G.R. No. 170829 | 2006-11-20

FIRST DIVISION
 
DECISION 
 
YNARES-SANTIAGO, J.: 
 
This petition for review on certiorari under Rule 45 of the Rules of Court seeks to annul and set aside the Resolution of the Court of Appeals dated December 9, 2005[1] in CA-G.R. CV No. 80680, which dismissed the complaint for partition filed by petitioner for being contrary to law and evidence. 
 
On July 5, 1987, Marcelino V. Dario died intestate. He was survived by his wife, petitioner Perla G. Patricio and their two sons, Marcelino Marc Dario and private respondent Marcelino G. Dario III. Among the properties he left was a parcel of land with a residential...