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Spouses Benatiro vs. Heirs of Evaristo Cuyos

SPOUSES GORGONIO BENATIRO and COLUMBA CUYOS-BENATIRO substituted by their heirs, namely: Isabelita, Renato, Rosadelia and Gorgonio, Jr., surnamed Benatiro, and SPOUSES RENATO C. BENATIRO and ROSIE M. BENATIRO, Respondents, versus HEIRS OF EVARISTO CUYOS, namely: Gloria Cuyos-Talian, Patrocenia Cuyos-Mijares, Numeriano Cuyos, and Enrique Cuyos, represented by their attorney-in-fact, Salud Cuyos, Respondent.

G.R. No. 161220 | 2008-07-30

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

Before us is a Petition for Review on Certiorari under Rule 45 of the Rules of Court filed by petitioners seeking to annul the Decision[1] dated July 18, 2003 of the Court of Appeals (CA) and its Resolution[2] dated November 13, 2003 denying petitioners' motion for reconsideration issued in CA-G.R. SP No. 65630.[3]

Spouses Evaristo Cuyos and Agatona Arrogante Cuyos were blessed with nine children, namely: Francisco, Victoria, Columba, Lope, Salud, Gloria, Patrocenia, Numeriano, and Enrique. On August 28, 1966, Evaristo died leaving six parcels of land located in Tapilon, Daanbantayan, Cebu covered by...