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Municipality of Victorias vs. CA, et al.

MUNICIPALITY OF VICTORIAS, petitioner, vs. THE COURT OF APPEALS, NORMA LEUENBERGER and FRANCISCO SOLIVA, respondents.

G.R. No. L-31189 | 1987-03-31

D E C I S I O N

PARAS, J p:

This is a Petition for Review on Certiorari of the decision * of respondent Court of Appeals promulgated on September 29, 1969 in CA-G.R. No. 35036-R (Rollo, p. 11) setting aside the decision ** of the Court of First Instance of Negros Occidental, Branch I, dated September 24, 1964 which dismissed the complaint for recovery of possession in Civil Case No. 181-S and declared the cemetery site on Lot No. 76 in Victorias as property of the municipality of Victorias (Record on Appeal, p. 9).

The dispositive portion of the questioned decision reads as follows:

"IN VIEW OF THE FOREGOING, the judgment of the lower...