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Heirs of Maura So vs. Obliosca 542 SCRA 406

HEIRS OF MAURA SO, namely, YAN LAM LIM, JIMMY SO LIM, and FERDINAND SO LIM, Petitioners, versus LUCILA JOMOC OBLIOSCA, ELVIRA JOMOC GARDINAB, and HEIRS OF ABUNDIA JOMOC BALALA, namely, ROSITA BALALA ACENAS, EVANGELINE BALALA BAACLO, OLIVER JOMOC BALALA, and PERLA BALALA CONDESA, Respondents.

G.R. No. 147082 | 2008-01-28

DECISION

NACHURA, J.:

This is a petition for review on certiorari of the Decision[1] of the Court of Appeals (CA) dated October 18, 2000, and Resolution dated January 11, 2001, denying the motion for reconsideration of the said decision. The assailed decision declared that a petition for annulment of judgment cannot be availed of when the petitioner had already filed an appeal under Rule 45 of the Rules of Court.

The antecedents of the case are as follows:

Pantaleon Jomoc was the owner of a parcel of land with an area of 496 square meters, covered by Transfer Certificate of Title (TCT) No. T-19648, and located at Cogon District, Cagayan de...