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Dominga Gabas De Velayo, et al. vs. Court of Appeals, et al.

DOMINGA GABAS DE VELAYO and VALERIANO, PANTALEON, VILLAMOR, BIENVENIDA, and ROMEO, all surnamed BALAYONG, petitioners-appellates, vs. COURT OF APPEALS and JANUARIO GABAS, respondents-appellees.

G.R. No. L-49933 | 1980-08-06

D E C I S I O N


AQUINO, J.:

This is an intra-family litigation among two brothers, a sister and their nephews and niece regarding Lot No. 4232-D of the Ozamiz City cadastre with an area of 18,616 square meters. The Court of Appeals dismissed petitioners' action for partition or reconveyance on the grounds of prescription and laches.

Genoveva Ronquillo, the predecessor-in-interest of the parties who died intestate on March 3, 1964, begot during her first marriage two children named Valeriano (Valerio) Balayong and Adriano Balayong. Adriano, who predeceased Genoveva, was survived by his four children named Pantaleon, Villamor, Bienvenida...