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Rogelia P. Diaz-Duarte vs. Sps. Ben & Ethyl Ong, et al.

ROGELIA P. DIAZ-DUARTE, petitioner, vs. SPS. BEN and ETHYL ONG, and the COURT OF APPEALS, respondents.

G.R. No. 130352 | 1998-11-03

D E C I S I O N


PUNO, J.:

Before us is a petition for review on certiorari under Rule 45 of the Revised Rules of Court to set aside the decision of the Court of Appeals awarding Lot 1208 to respondent spouses Ben and Ethyl Ong.1 [C.A. G.R. CV No. 09598.]

The facts are as succinctly summarized by the trial court, viz:

"Macario Diaz married Encarnacion Reyes sometime in 1895. Out of this union, Trinidad Diaz was born in 1896. Sometime in 1903, Encarnacion Reyes died. In 1905, Macario Diaz married Cristina Pedrosa. Out of this union, x x x, Rogelia-Diaz Duarte was born in 1910.

"Trinidad Diaz, x x x, married Filomeno Arteche. This...