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Laxamana vs. Court of Appeals

SANTIAGO LAXAMANA, deceased, substituted by RITA CANILAO VDA. DE LAXAMANA, and their children named NICOLAS, TERESA, AUGUSTO, LOURDES and JUAN, all surnamed LAXAMANA, petitioners, vs. HON. COURT OF APPEALS, JUDGE OF THE COURT OF FIRST INSTANCE OF of Manila, Branch VII; CITY SHERIFF of Manila, and ELEUTERIO MALLARI, deceased substituted by JULIANA FERNANDO, JULIANA, CATALINA, ANSELMA, and SALOME, all surnamed MALLARI, respondents.

G.R. No. L-37317 | 1978-11-24

SECOND DIVISION
DECISION
 
 
AQUINO, J.:
 
Originally, this was a litigation between Eleuterio Mallari and his wife's nephew, Santiago B. Laxamana, a lawyer, now both deceased, over Lot 8-A, with an area of twenty-one and two-tenths (21.2) square meters, located at 816 Trabajo, now Manuel de la Fuente Street, Sampaloc, Manila. the following antecedents reveal why much energy, time and money, altogether disproportionate to the value of the land in controversy, were spent in the instant certiorari case:
 
1. On February 2, 1960, Mallari filed an action against Laxamana in the Court of First Instance of Manila in order to...