Ulep vs CA GR 125254 October 11, 2005.docx

Ulep vs CA GR 125254 October 11, 2005.docx - THIRD DIVISION...

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THIRD DIVISION SPOUSES SAMUEL ULEP (Deceased) and SUSANA REPOGIA-ULEP; SAMUEL ULEP is substituted by his surviving spouses SUSANA REPOGIA-ULEP and his children: SALLY, RENATO, RODELIO and RICHARD, all surnamed ULEP , and VALENTINA ULEP, Petitioners, - versus - HONORABLE COURT OF APPEALS, former Eight Division, IGLESIA NI CRISTO, MAXIMA RODICO and spouses WARLITO PARINGIT and ENCARNACION PARINGIT- GANTE, Respondents. Under consideration is this petition for review under Rule 45 of the Rules of Court seeking the reversal and setting aside of the Decision [1] dated August 15, 1995 of the Court of Appeals (CA) in CA-G.R. CV. No. 39333, and its Resolution [2] dated April 25, 1996, denying petitioners motion for reconsideration. The assailed decision modified the June 17, 1991 decision [3] of the Regional Trial Court at Urdaneta, Pangasinan, Branch 48, in its Civil Case No. U-3929, an action for Quieting of Title, Reconveyance and Declaration of Nullity of Titles and Subdivision Plan, with Damages, thereat commenced by the petitioners against the herein private respondents. The factual antecedents: Principal petitioners SAMUEL ULEP, now deceased and substituted by his heirs, and VALENTINA ULEP are brother-and-sister. Together with their siblings, namely, Atinedoro Ulep and Rosita Ulep, they are children of the late Valentin Ulep. During his lifetime, the father Valentin Ulep owned a parcel of land, identified as Lot 840 with an area of 3,270 square meters, located at Asingan, Pangasinan. Sometime in 1950, the older Ulep sold the one-half (1/2) eastern portion of Lot 840, comprising an area of 1,635 square meters, to respondent Maxima Rodico , while the remaining one-half (1/2) western portion with the same area, to his son Atinedoro Ulep married to Beatriz Ulep, and to his other daughter Valentina Ulep. On June 5, 1952, all the transferees of Lot 840, namely, Maxima Rodico (for the eastern portion) and Atinedoro Ulep and Valentina Ulep (for the western portion), were jointly issued in their names Transfer Certificate of Title No. 12525. On June 18, 1971, Atinedoro Ulep, his wife Beatriz and sister Valentina Ulep sold the one-half (1/2) portion of the area sold to them by their father to their brother Samuel Ulep and the latters wife, Susana Repogia-Ulep . The portion sold to Samuel and Susana has an area of 817.5 square meters. The document of sale was registered with the Office of the Registry of Deeds of Pangasinan on February 20, 1973. Later, an area of 507.5 square meters of the western portion of Lot 840 was sold by the spouses Atinedoro Ulep and Beatriz Ulep to respondent Warlito Paringit and the latters spouse Encarnacion Gante , who were then issued TCT No. 12688 on September 23, 1975. Evidently, all the foregoing transactions were done and effected without an actual ground partition or formal subdivision of Lot 840. In June 1977, respondent Iglesia ni Cristo (INC) begun constructing its chapel on Lot 840. In the process, INC encroached portions thereof allegedly pertaining to petitioners and blocked their pathways.
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