Back

Spouses Dennis Barias and Divina Barias Vs. Heirs of Bartolome Boneo, namely, Juanita Leopoldo, et al.

SPOUSES DENNIS BARIAS and DIVINA BARIAS, Petitioners, versus HEIRS OF BARTOLOME BONEO, namely, JUANITA, LEOPOLDO, ANTONIO, CARMELO, NIMFA, EDWIN, ELPIDIO, ANGELICA, EMILIO, BARTOLOME, JR., and EPIFANIO, all surnamed BONEO, represented by JUANITA VOLANTE BONEO, Respondents

G.R. No. 166941 | 2009-12-14

D E C I S I O N


CARPIO MORALES, J.:

Respondents, Heirs of Bartolome Boneo, are registered owners of a parcel of land (the property) identified as Lot No. 1086, Cad-483-D in Sta. Teresa, Malilipot, Albay, covered by Original Certificate of Title No. P-29864 which was issued on the basis of a free patent granted on October 3, 1991.[1]

Respondents, alleging that the Spouses Dennis and Divina Barias (petitioners) have been occupying a portion of the property for residential purposes on their (respondents') mere tolerance, and that despite verbal demands and a written demand by letter of August 18, 2001, petitioners refused to vacate the...