Heirs of Feliciano Yambao etc vsHeirs of Hermogenes Yambao .pdf

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| Page 1 of 5 HEIRS OF FELICIANO YAMBAO, NAMELY: CHONA YAMBAO, JOEL YAMBAO, WILLY YAMBAO, LENNIE YAMBAO AND RICHARD YAMBAO, AND ALL OTHER PERSONS ACTING UNDER THEIR AUTHORITY, PETITIONERS, VS. HEIRS OF HERMOGENES YAMBAO, NAMELY: ELEANOR YAMBAO, ALBERTO YAMBAO, DOMINIC YAMBAO, ASESCLO YAMBAO, GERALD DANTIC AND MARIA PILAR YAMBAO, WHO ARE ALL REPRESENTED BY THEIR ATTORNEY-IN-FACT, MARIA PILAR YAMBAO, RESPONDENTS. 2016-04-13 | G.R. No. 194260 RESOLUTION REYES, J.: This is a petition for review on certiorari [1] under Rule 45 of the Rules of Court seeking to annul and set aside the Decision [2] dated October 22, 2010 issued by the Court of Appeals (CA) in CA-G.R. CV No. 92755, which reversed and set aside the Decision dated December 23, 2008 of the Regional Trial Court (RTC) of Iba, Zambales, Branch 69, in SP. Civil Case No. RTC-88-I. Facts The subject of this case is a parcel of land located in Barangay Bangan, Botolan, Zambales, which was originally possessed by Macaria De Ocampo (Macaria). Macaria's nephew, Hermogenes Yambao (Hermogenes), acted as the administrator of the property and paid realty taxes therefor. Hermogenes has eight children, namely: Ulpiano, Dominic, Teofilo, Feliciano, Asesclo, Delia, Amelia, and Melinda, all surnamed Yambao. [3] After Hermogenes died, it was claimed that all of his heirs were free to pick and harvest from the fruit-bearing trees planted on the subject property. Eleanor Yambao (Eleanor), Ulpiano's daughter, even constructed a house on the subject property. However, sometime in 2005, the communal and mutual use of the subject property by the heirs of Hermogenes ceased when the heirs of Feliciano, herein petitioners, prohibited them from entering the property. The heirs of Feliciano even ejected Eleanor from the subject property. [4] This prompted the heirs of Hermogenes, herein respondents, to file with the RTC a complaint for partition, declaration of nullity of title/documents, and damages against the heirs of Feliciano. The heirs of Hermogenes alleged that they and the heirs of Feliciano are co-owners of the subject property, having inherited the right thereto from Hermogenes. [5] The heirs of Feliciano denied the allegations of the heirs of Hermogenes and claimed that their father, Feliciano, was in possession of the subject property in the concept of owner since time immemorial. Accordingly, Feliciano was awarded a free patent thereon for which Original Certificate of Title (OCT) No.
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  • Spring '18
  • Atty. Rene Rizza

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