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Nemesio V. Saycon (deceased), substituted by his heirs, Joven V. Saycon and Spouse Eillen G. Saycon, et al. Vs. Anacieta Barot Vda. De Tulabing, Dionisio B. Tulabing, et al.

NEMESIO V. SAYCON (deceased), substituted by his heirs, JOVEN V. SAYCON and SPOUSE EILLEN G. SAYCON; REY V. SAYCON and SPOUSE PACITA S. SAYCON; ARNOLD V. SAYCON and SPOUSE EVANGELINE D. SAYCON; JEOFFREY V. SAYCON and SPOUSE ROCHEL M. SAYCON; and CHARLIE V. SAYCON, Petitioners, <br /> vs.<br /> ANACLETA BAROT VDA. DE TULABING, DIONISIO B. TULABING, ARCADIA B. TULABING, BALDOMERO B. TULABING, CARMEN TULABING, JULIA B. TULABING, HILARION BELIDA, JOEL B. TULABING, PACITA TULABING, NICOLAS B. TULABING, . HENIA TULABING, VICTORIA B. TULABING, ARMANDO DEVIRA and BENITA B. TULABING, Respondents.

G.R. No. 172418 | 2012-07-09

THIRD DIVISION

D E C I S I O N


PERALTA, J.:


          This is a petition for review on certiorari1 of the Court of Appeals' Resolutions dated August 11, 2005 and March 23, 2006 in CA-G.R. CV No. 23221, which denied petitioners' Omnibus Motion dated September 15, 2004.

          The facts, as stated by the Court of Appeals and the trial court, are as follows:

          Respondents, the heirs of the late Alejandro Tulabing, alleged that since 1950, Alejandro Tulabing had been in peaceful, open, actual and continuous possession of a fishpond situated at Dunguan,...