ANNEX LDELA ROSA vs. ROLDANG.R. No. 133882. September 5, 2006.FIRST DIVISION, CALLEJO, SR., J.FACTS: The spouses Adriano Rivera and Aurora Mercado were the owners of two (2) parcels of landlocated in Tarlac, Tarlac, both covered by respective titles; the 261-square-meter lot was covered byTransfer Certificate of Title (TCT) No. 7225, while the 772 sq. m. was covered by TCT No. 7226.Sometime in 1957, the spouses Rivera executed a deed of saleover the properties in favor of thespouses Arsenio Dulay and Asuncion dela Rosa. Gideon dela Rosa, one of Asuncions brothers, was oneof the instrumental witnesses in the deed. To pay for the property, the spouses Dulay, who were membersof the Government Service Insurance System (GSIS), secured a P9,500.00 loan and executed a real estatemortgage over the two lots as security therefor. On September 16, 1957, the Register of Deeds issuedTCT Nos. 29040 and 29041 in the names of the spouses Dulay.Sometime in 1982, the spouses Dulay made demands on Gideon, Angela and Corazon to vacate thepremises, as their three daughters would be constructing their respective houses thereon. Gideon, Angelaand Corazon refused to do so, prompting the spouses to file a complaint for recovery of possession(accion publiciana) against them with the then Court of First Instance (CFI) of Tarlac. The spouses Dulayalleged, inter alia, that they bought the lots from the spouses Rivera in 1957; defendants occupied a 370-square-meter portion on the western side, and were claiming ownership over one-half of the property, asshown by their letter to plaintiffs appended to their complaint; and they needed the property so that theirdaughters, who already had their respective families, could build houses thereon. The spouses Dulayprayed that defendants be evicted from the property and be required to pay reasonable compensation fortheir use of the premises.The case was docketed as Civil Case No. 6261.On July 17, 1987, the trial court rendered judgment in Civil Case No. 6261 in favor of the spouses Dulayand ordered the spouses Dela Rosa and Corazon Medina to vacate the property and turn over possessionto plaintiffs.The spouses Dela Rosa and Corazon Medina appealed to the CA. The case was docketed as CA-G.R. CVNo. 15455. On June 29, 1990, the appellate court rendered judgment granting the appeal and reversed thetrial courts ruling. According to the appellate court, the complaint was premature on account of plaintiffsfailure to allege, in their complaint, that there had been earnest efforts to have the case amicably settled asmandated under Article 222 of the New Civil Code.On April 30, 1996, Angela filed a complaint against Arsenio and his children in the MTC of Tarlac, Tarlacfor recovery of ownership, reconveyance, cancellation of title, and damages. The case was docketed asCivil Case No. 6154. Angela, as plaintiff, reiterated her allegations in her answer and counterclaim inCivil Case No. 6261 as allegations comprising her causes of action.