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Joaquin Cabrera, etal. Vs Vourt of Appeals, etal.

JOAQUIN CABRERA and JUANA VISITACION, petitioners, vs. COURT OF APPEALS and FELISA GONZAGA, FERNANDO GONZAGA, AURORA GONZAGA, SALOME GONZAGA, ROSARIO GONZAGA, SIMEON POLICARPIO, SERGIO CRUZ, AQUILINO CRUZ, TEOFILO CRUZ, FILOMENO CRUZ, CONRADO CRUZ, FRANCISCO CRUZ, GREGORIA CRUZ, DOMINGO CRUZ and BENJAMIN CRUZ, respondents.

G.R. No. L-41805 | 1988-06-30

D E C I S I O N


CRUZ, J.:

The subject of this controversy is a parcel of land with an area of 4,080 square meters situated in Cainta, Rizal. 1 It was originally owned by the spouses Diego and Patricia Gonzaga, who acquired it in 1921, presumably with conjugal funds. 2 Both are now dead, survived by the private respondents, their grandchildren by their deceased children. The petitioners claim the property by virtue of an alleged sale in their favor, the private respondents by right of succession.

The records show that the tax declaration on the land had since 1921 been in the name of the spouses Gonzaga 3 until 1944, when it was made in...