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Flavio Demamay, Et Al. Vs. Court Of Appeals, Et Al.

SPOUSES FLAVIO DEMAMAY AND ESTELITA DEMAMAY, petitioners, vs. COURT OF APPEALS, HON. SALVADOR P. DE GUZMAN, JR., LUZON DEVELOPMENT BANK AND SPS. CESAR DE RAMOS AND CECILIA DE RAMOS, respondents.

G.R. No. 87263 | 1990-06-18

D E C I S I O N


GANCAYCO, J.:

The issue as to whether or not an action for annulment of sale, reconveyance or similar proceeding is a previous question before an action for ejectment or unlawful detainer may proceed is the focus of the dispute in this petition.

Petitioners were the registered owners of a parcel of land located in Calamba, Laguna covered by Transfer Certificate of Title No. T-35475 of the Register of Deeds of Laguna with an area of about 240 square meters. They mortgaged the same to the Luzon Development Bank (LDB for short) for the sum of P10,000.00 payable in installments in five years beginning July 29, 1977. As...