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Averia vs Averia

GREGORIO F. AVERIA and SYLVANNA A. VERGARA, representing the absentee heir TERESA AVERIA, Petitioners, vs. DOMINGO AVERIA, ANGEL AVERIA, FELIPE AVERIA, and the Heirs of FELIMON F. AVERIA, Respondents.

G.R. No. 141877 | 2004-08-13

D E C I S I O N

CARPIO MORALES, J.:

Macaria Francisco (Macaria) and Marcos Averia contracted marriage which bore six issues, namely: Gregorio, Teresa, Domingo, Angel, Felipe and Felimon.



Macaria was widowed and she contracted a second marriage with Roberto Romero (Romero) which bore no issue.



Romero died on February 28, 1968,[1] leaving three adjoining residential lots located at Sampaloc, Manila.



In a Deed of Extrajudicial Partition and Summary Settlement of the Estate of Romero, the house and lot containing 150 square meters at 725 Extremadura Street, Sampaloc was apportioned to Macaria.



Transfer Certificate of Title...