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Dela Cruz Sr. vs Fankhauser

ARTURO DELA CRUZ, SR., PETITIONER, VS. MARTIN AND FLORA FANKHAUSER, RESPONDENTS.

G.R. No. 196990 | 2012-07-30

THIRD DIVISION

R E S O L U T I O N
PERLAS-BERNABE, J.:

This Petition for Review on Certiorari assails the March 10, 2011[1] and May 16, 2011[2] Resolutions of the Court of Appeals (CA) which dismissed petitioner's appeal on the ground that it was the wrong remedy.

The Factual Antecedents

On March 17, 1988, petitioner Arturo dela Cruz, Sr. and his wife, while then still living, entered into a contract of lease with option to buy with respondents Martin and Flora Fankhauser, over a parcel of residential land in Puerto Princesa City, covered by Transfer Certificate of Title (TCT) No. 5620. The contract stated that the lessee will occupy the leased...