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MARK ANTHONY ESTEBAN (IN SUBSTITUTION OF THE DECEASED GABRIEL O. ESTEBAN), PETITIONER, VS. SPOUSES RODRIGO C. MARCELO AND CARMEN T. MARCELO, RESPONDENTS

MARK ANTHONY ESTEBAN (IN SUBSTITUTION OF THE DECEASED GABRIEL O. ESTEBAN), PETITIONER, VS. SPOUSES RODRIGO C. MARCELO AND CARMEN T. MARCELO, RESPONDENTS

G.R. No. 197725 | 2013-07-31

SECOND DIVISION


D E C I S I O N

BRION, J.:

Before the Court is a petition for review on certiorari,[1] filed under Rule 45 of the Rules of Court, assailing the decision[2] dated January 17, 2011 and the resolution[3] dated July 15, 2011 of the Court of Appeals (CA) in CA-G.R. SP No. 112609.

The Facts

The late Gabriel O. Esteban, substituted by his son, petitioner Mark Anthony Esteban,[4] had been in possession of a piece of land located at 702 Tiaga St., Barangka Drive, Mandaluyong City, since the 1950s.[5] In the 1960s, the late Esteban’s sister constructed a foundry shop at the property. In the 1970s, after the foundry operations had proven...