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Ruben Augusto, et al Vs. Hon. Judge Teodoro K. Risos, et al

RUBEN AUGUSTO and ATTY. NOEL D. ARCHIVAL, petitioners, vs. HON. JUDGE TEODORO K. RISOS, Presiding Judge, Regional Trial Court, Branch 27, Lapu-Lapu City, CLEOFE OMOLON, respondents.

G.R. No. 131794 | 2003-12-10

D E C I S I O N

CALLEJO, SR., J.:

This is a petition for certiorari under Rule 65 of the 1997 Rules of Court, as amended, filed by Ruben Augusto and Atty. Noel D. Archival, for the nullification of the December 5, 1997 Order[1] of the Regional Trial Court Branch 7, Lapu-Lapu City.

THE ANTECEDENTS

Felisa Augusto and her siblings, Jose Augusto, Magdalena Augusto and Alfonso Augusto, all married, were the co-owners of a parcel of land, identified as Cadastral Lot No. 4429, with an area of 1,857 square meters. The lot is located in Barrio Mactan, Opon, Cebu.

On April 20, 1961, the then Justice of the Peace and Ex-Officio Notary Public...