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City Sheriff, et al. Vs. Alfaro Fortunado, et al.

CITY SHERIFF, ILIGAN CITY and SPOUSES ANGEL L. BAUTISTA and ANGELICA M. BAUTISTA, petitioners, vs. ALFARO FORTUNADO, EDITHA FORTUNADO, & NESTOR FORTUNADO, respondents.

G.R. No. 80390 | 1998-03-27

D E C I S I O N

MARTINEZ, J:

This petition for review on certiorari seeks to nullify the Order 1 dated January 24, 1986 of the Regional Trial Court of Lanao del Norte, Branch V, in Civil Case No. 262, which reversed its earlier Decision 2 dated July 31, 1985 dismissing the complaint filed by respondents.

The facts are not disputed:

Respondents Alfaro, Editha and Nestor, all surnamed Fortunado, are the registered owners of two parcels of land covered by Transfer Certificates of Title No. T-3041 and T-1929, both registered with the Register of Deeds of Iligan City. Said properties were mortgaged by Arsenio Lopez, Jr. on July 24, 1968 to...