Back

Heirs of Jose Esplana etc. Vs. The CA & Heirs of Pedro De Lima Represented by Jaime De Lima

HEIRS OF JOSE ESPLANA, namely: YOLANDA BOTIN VDA. DE ESPLANA,TERESA B. ESPLANA,LIZA B. ESPLANA, SHIRLEY B. ESPLANA, ALMA B. ESPLANA, JACK B. ESPLANA,and LINA B. ESPLANA, Petitioners,versus THE COURT OF APPEALS and HEIRS OF PEDRO DE LIMA, represented by JAIME DE LIMA, Respondents.

G.R. No. 155758 | 2008-10-31

DECISION


AZCUNA, J.:

This is a petition for certiorari alleging that the Court of Appeals committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the Resolutions in CA-G.R. SP No. 70106 dated June 27, 2002 and October 1, 2002, which dismissed petitioners' petition for review and denied their motion for reconsideration, respectively.

The facts are as follows:

On July 27, 1995, Jose Esplana filed an action for recovery of ownership and possession, quieting of title with damages against Pedro de Lima before the Municipal Trial Court (MTC) of Baao, Camarines Sur.

The MTC tried and decided the case as an...