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In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela Vs. Servillano Banayad, Jr.

APOLONIA BANAYAD FRIANELA, Petitioner,versus SERVILLANO BANAYAD, JR., Respondent.

G.R. No. 169700 | 2009-07-30

D E C I S I O N


NACHURA, J.:

Before the court is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the June 17, 2005 Decision[1] of the Court of Appeals (CA) in CA-G.R. CV No. 53929, and the August 17, 2005 Resolution[2] denying the motion for partial reconsideration thereof.

Narrated in brief are the antecedent facts and proceedings, to wit:

Following the death of her uncle, the testator Moises F. Banayad, petitioner, who was named as devisee in the will, filed before the Regional Trial Court (RTC) of Pasay City, on June 3, 1991, Sp. Proc. No. 3664-P[3] for the allowance of the November 18, 1985...