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Vicente Dacanay, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez vs. Yrastorza, Sr.

VICENTE DACANAY, in his capacity as administrator of the Testate Estate of Tereso D. Fernandez, Petitioner, versus HON. RAPHAEL YRASTORZA, SR., in his official capacity as Presiding Judge, Regional Trial Court of Cebu, Branch 14, LUISSA ANNABELLA TORRANO SAMACO, assisted by her husband Raul Samaco, ROBERTA I. KERSAW, assisted by her husband Bryan Kersaw and JOHNSON MERCADER, Respondents.

G.R. No. 150664 | 2009-09-03

R E S O L U T I O N


CORONA, J.:

On July 14, 1992, petitioner Vicente Dacanay, as administrator of the testate estate of Tereso D. Fernandez, filed in the Regional Trial Court (RTC) of Cebu City a case for recovery of real property against respondent spouses Luissa and Raul Samaco and Roberta and Bryan Kersaw.[1] On December 22, 1992, respondent spouses Samaco filed their answer with counterclaim.[2]

On May 12, 1993, petitioner amended his complaint to implead respondent Johnson Mercader.[3] On August 3, 1993, respondent Mercader filed his answer with counterclaim.[4] Respondent spouses Kersaw were declared in default[5] as they did not file...