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HEIRS OF MELENCIO YU AND TALINANAP MATUALAGA (NAMELY: LEONORA, EDUARDO, VIRGILIO, VILMA, IMELDA, CYNTHIA, AND NANCY, ALL SURNAMED YU), REPRESENTED BY LEONORA, VIRGILIO AND VILMA, PETITIONERS, VS. HONORABLE COURT OF APPEALS, SPECIAL TWENTY-FIRST DIVISION (TWENTY-SECOND DIVISION); ROSEMARIE D. ANACAN-DIZON (IN HER CAPACITY AS DIVISION CLERK OF COURT); MARION C. MIRABUENO (IN HER CAPACITY AS OIC-CLERK OF COURT OF THE REGIONAL TRIAL COURT, GENERAL SANTOS CITY), AND HEIRS OF CONCEPCION NON ANDRES (NAMELY: SERGIO, JR., SOFRONIO AND GRACELDA, ALL SURNAMED ANDRES), REPRESENTED BY GRACELDA N. ANDRES, RESPONDENTS.

HEIRS OF MELENCIO YU AND TALINANAP MATUALAGA (NAMELY: LEONORA, EDUARDO, VIRGILIO, VILMA, IMELDA, CYNTHIA, AND NANCY, ALL SURNAMED YU), REPRESENTED BY LEONORA, VIRGILIO AND VILMA, PETITIONERS, VS. HONORABLE COURT OF APPEALS, SPECIAL TWENTY-FIRST DIVISION (TWENTY-SECOND DIVISION); ROSEMARIE D. ANACAN-DIZON (IN HER CAPACITY AS DIVISION CLERK OF COURT); MARION C. MIRABUENO (IN HER CAPACITY AS OIC-CLERK OF COURT OF THE REGIONAL TRIAL COURT, GENERAL SANTOS CITY), AND HEIRS OF CONCEPCION NON ANDRES (NAMELY: SERGIO, JR., SOFRONIO AND GRACELDA, ALL SURNAMED ANDRES), REPRESENTED BY GRACELDA N. ANDRES, RESPONDENTS.

G.R. No. 182371 | 2013-09-04

THIRD DIVISION
 
D E C I S I O N

PERALTA, J.:

This petition for certiorari under Rule 65 of the 1997 Rules of Civil Procedure seeks to set aside the Order[1] and Writ of Preliminary Mandatory Injunction,[2] both dated April 3, 2008, issued by the Court of Appeals (CA) in CA-G.R. SP No. 02084-MIN, which granted to private respondents the possession pendente lite of Lot No. 2, Psu-135740[3]-Amd, situated in Sogod, Barangay Apopong,[4] General Santos City, South Cotabato.
 
The pertinent facts are as follows:
 
On May 24, 1972, the spouses Melencio Yu and Talinanap Matualaga filed Civil Case No. 1291 against John Z. Sycip (who died...