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Simeon Cabang vs. Spouses Basay

SIMEON CABANG, VIRGINIA CABANG and VENANCIO CABANG ALIAS "DONDON", Petitioners, versus MR. & MRS. GUILLERMO BASAY, Respondents.

G.R. No. 180587 | 2009-03-20

DECISION

YNARES-SANTIAGO, J.:

This petition for review on certiorari under Rule 45 of the Rules of Court seeks to annul and set aside the Decision of the Court of Appeals in CA-G.R. CV No. 76755[1] dated May 31, 2007[2] which reversed the Order[3] of the Regional Trial Court of Molave, Zamboanga Del Sur, Branch 23 in Civil Case No. 99-20-127 which denied respondents' motion for execution on the ground that petitioners' family home was still subsisting. Also assailed is the Resolution dated September 21, 2007 denying the motion for reconsideration.

The facts as summarized by the appellate court:

Deceased Felix Odong was the registered...