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Sps Bustos vs CA, Sps Viray

SPOUSES WARLITO BUSTOS and HERMINIA REYES-BUSTOS, petitioners, vs. COURT OF APPEALS, SPOUSES VENANCIO VIRAY and CECILIA NUNGA-VIRAY, respondents.

G.R. Nos. 120784-85 | 2001-01-24

D E C I S I O N

PARDO, J.:

The case before the Court is an appeal via certiorari seeking to set aside the decision of the Court of Appeals[1] modifying that of the Regional Trial Court, Pampanga, Macabebe, Branch 55[2] and the resolution denying reconsideration.[3]

Paulino Fajardo died intestate on April 2, 1957.[4] He had four (4) children, namely: Manuela, Trinidad, Beatriz and Marcial, all surnamed Fajardo.

On September 30, 1964, the heirs executed an extra-judicial partition[5] of the estate of Paulino Fajardo. On the same date, Manuela sold her share to Moses[6] G. Mendoza, husband of Beatriz by deed of absolute sale.[7] The...