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Legaspi vs. Court of Appeals

FIDELA C. LEGASPI, petitioner, vs. COURT OF APPEALS, ROMANA YAP VDA. DE AGUILAR, substituted by her heirs, namely: DOMINADOR JR., FELICIANO, EVANGELINA, ADORACION, TERESITA, OFELIA and MANUEL, all surnamed AGUILAR, CLARO PESTEJO, MARIA PESTEJO and ANTONIO

G.R. No. L-39877 | 1976-02-20

D E C I S I O N

ESGUERRA, J:

Petition for review on certiorari of the decision of the Court of Appeals in its C.A.-G.R. No. 52907-R, reversing the judgment of the Court of First Instance of Cavite, Branch III.

The factual background of the case is as follows:
On December 14, 1971, petitioner instituted a civil suit against the private respondents herein, for legal redemption and damages, alleging among others the following:

"2.That plaintiff is the owner in fee simple of NINETY SEVEN (97) SQUARE METERS, Western portion, of Lot No. 267 of the Cadastral Survey of Kawit, located at Binakayan, Kawit, Cavite, which parcel of land is bounded...