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Daya Maria Tol-Noquera vs. Adriano R. Villamor 211 SCRA 616

DAYA MARIA TOL-NOQUERA, petitioner, vs. HON. ADRIANO R. VILLAMOR, Presiding Judge, Branch XVI, Regional Trial Court, 8th Judicial Region, Naval, Leyte, and DIOSDADO TOL, respondents.

G.R. No. 84250 | 1992-07-20

D E C I S I O N

CRUZ, J.:

Questioned in this action is the dismissal of a petition filed by Daya Maria Tol-Noquera for appointment as administratrix of the property of the absentee Remigio Tol.

In Special Proceedings No. P-056, which was filed in December 1986, Daya Maria-Tol alleged that she was the acknowledged natural child of Remigio Tol, who had been missing since 1984. She claimed that a certain Diosdado Tol had fraudulently secured a free patent over Remigio's property and had obtained title thereto in his name. She was seeking the administration of the absentee's estate in order that she could recover the said property.

The petition...