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Heirs of Jose T. Calo etc. Vs. Nona Calo & Heirs of Romualdo Calo etc.

HEIRS OF JOSE T. CALO, namely: GILDA CALO-SANCHEZ, NEMIA[1] CALO-TEA?O and WILFREDO C. PABIA, Petitioners, versus NONA CALO and the HEIRS OF ROMUALDA CALO, namely: LUCINDA LAMIGO, ANITA LAMIGO, MANUEL LAMIGO, JESUS LAMIGO, FEDERICO LAMIGO, RICARDO LAMIGO and CHONA LAMIGO, Respondents.

G.R. No. 156101 | 2009-02-10

D E C I S I O N


CORONA, J.:

On June 8, 1990, respondent Nona Calo filed a petition for reconstitution[2] of Original Certificate of Title (OCT) No. 337 covering lot no. 306 of the Butuan Cadastre issued on April 3, 1926 to Alejo Calo, Romualda Calo, Leoncio Peincenaves and Vicente Calo.[3] The petition was filed in the Regional Trial Court (RTC) of Agusan del Norte and Butuan City, Branch 5. Nona claimed that the original of OCT No. 337 was lost when the Register of Deeds of the Province of Agusan was destroyed by fire during World War II. She also attached the partially destroyed owner's duplicate of the title.

Several parties moved...