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Heirs Of Fabio Masangya Vs. Diosdado Masangya

HEIRS OF FABIO MASANGYA and JOSE ABAYON, petitioners, vs. DIOSDADO MASANGYA, ESTELITA M. BANTIGUE, FRANCISCO MASANGYA, TANCREDO MASANGYA and PATROCINIO MASANGYA, respondent.

G.R. No. 84091 | 1990-08-30

D E C I S I O N


PARAS, J.:

By this petition for certiorari, petitioners seek to annul and set aside the twin orders 1 issued by the Regional Trial Court, 6th Judicial Region, Branch 2, Kalibo, Aklan, on April 26, 1988 and June 29, 1988, in the case of "Fabio Masangya and Jose Abayon, plaintiffs versus Diosdado Masangya, et al., defendants," Civil Case No. 1535 for partition of real estate. 2

It appears from the pleadings submitted that on November 18, 1965, plaintiffs Fabio Masangya and Jose Abayon filed a complaint for partition of real estate against respondents (then defendants). During trial, Fabio died but he was substituted by...