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Alejandrino vs. Honorable CA, et al.

MAURICIA ALEJANDRINO, petitioner, vs. THE HONORABLE COURT OF APPEALS, HON. BENIGNO G. GAVIOLA, RTC-9, CEBU CITY, and LICERIO P. NIQUE, respondents.

G.R. No. 114151 | 1998-09-17

D E C I S I O N
 
ROMERO, J.:
 
Questioned in this petition for review on certiorari is the Decision[1] of the Court of Appeals which ruled that the trial court, in an action for quieting of title, did not act in excess of jurisdiction when it issued an order for the segregation of property, after the finality of its decision.

The facts show that the late spouses Jacinto Alejandrino and Enrica Labunos left their six children named Marcelino, Gregorio, Ciriaco, Mauricia, Laurencia and Abundio a 219-square-meter lot in Mambaling, Cebu City identified as Lot No. 2798 and covered by Transfer Certificate of Title No. 19658. Upon the...