PERALTA, J.:
This is a petition for review on certiorari of the Court of Appeals' Decision1 in CA-G.R. CV No. 74853, dated July 28, 2004, and its Resolution2 dated January 26, 2005, denying petitioner's motion for reconsideration.
The facts, as stated by the Court of Appeals, are as follows:
Petitioner spouses Soledad and Delmer Tucker (Spouses Tucker) filed an action for a Sum of Money with Damages and Preliminary Attachment against respondent spouses Manuel P. Oppus and Maria Paz M. Oppus (Spouses Oppus), and their son, Carlos.
Petitionersalleged that sometime in the first week of January 1987, Maria Paz Oppus,...
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