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Nepomuceno vs City of Surigao

MARIA PAZ V. NEPOMUCENO, joined by her husband, FERMIN A. NEPOMUCENO, Petitioners,versus CITY OF SURIGAO and SALVADOR SERING in his capacity as City Mayor of Surigao, Respondents.

G.R. No. 146091 | 2008-07-28

D E C I S I O N 


CORONA, J.: 

Petitioners assail the February 29, 2000 decision[1] and October 12, 2000 resolution of the Court of Appeals (CA) in CA-G.R. CV No. 56461 affirming with modification the decision of the Regional Trial Court (RTC) of Surigao City, Branch 32, in Civil Case No. 4570. 

Civil Case No. 4570 was a complaint for "Recovery of Real Property and/or its Market Value" filed by petitioner Maria Paz Nepomuceno to recover a 652 sq. m. portion[2] of her 50,000 sq. m. lot[3] which was occupied, developed and used as a city road by the city government of Surigao. Maria Paz alleged that the city government neither...