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Maria Soledad Tomimbang Vs. Atty. Jose Tomimbang

MARIA SOLEDAD TOMIMBANG, Petitioner, versus ATTY. JOSE TOMIMBANG, Respondent.

G.R. No. 165116 | 2009-08-04

D E C I S I O N


PERALTA, J.:

This resolves the petition for review on certiorari under Rule 45 of the Rules of Court, praying that the Decision[1] dated July 1, 2004 and Resolution[2] dated August 31, 2004 promulgated by the Court of Appeals (CA), be reversed and set aside.

The antecedent facts are as follows.

Petitioner and respondent are siblings. Their parents donated to petitioner an eight-door apartment located at 149 Santolan Road, Murphy, Quezon City, with the condition that during the parents' lifetime, they shall retain control over the property and petitioner shall be the administrator thereof.

In 1995, petitioner applied...