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Perpetua Vda. De Ape vs. The Honorable CA, et al

PERPETUA VDA. DE APE, Petitioner, versus THE HONORABLE COURT OF APPEALS and GENEROSA CAWIT VDA. DE LUMAYNO, Respondents.

G.R. No. 133638 | 2005-04-15

D E C I S I O N 


CHICO-NAZARIO, J.: 

Before Us is a petition for review on certiorari of the Decision[1] of the Court of Appeals in CA-G.R. CV No. 45886 entitled, "Generosa Cawit de Lumayno, accompanied by her husband Braulio Lumayno v. Fortunato Ape, including his wife Perpetua de Ape." 

The pertinent facts are as follows: 

Cleopas Ape was the registered owner of a parcel of land particularly known as Lot No. 2319 of the Escalante Cadastre of Negros Occidental and covered by Original Certificate of Title (OCT) No. RP 1379 (RP-154 [300]).[2] Upon Cleopas Ape's death sometime in 1950, the property passed on to his wife,...