This case has been cited 1 times or more.
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2002-09-24 |
SANDOVAL-GUTIERREZ, J. |
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| property, docketed as Civil Case No. 463-A. The Lopez heirs alleged that the sale was made by Hermogenes Lopez who was "unsufficiently educated."[25] After hearing, the trial court rendered its decision (a) declaring void ab initio the 1959 Lopez-Aguilar deed of sale, (b) decreeing the Lopez heirs as "the true and Absolute owners of the said parcel of land," and (c) restoring to the Lopez heirs possession thereof.[26] The trial court found that Hermogenes sold the land to Aguilar before the issuance of the corresponding homestead patent or title in his name. Ambrosio Aguilar interposed an appeal to the Court of Appeals, docketed as CA G.R. CV No. 06242. During the pendency of this appeal, the Appellate Court issued an order of execution pending appeal in favor of the Lopez heirs. On August 18, 1987, the Court of Appeals affirmed the RTC assailed decision.[27] On March 28, 1985, the Adia heirs filed with the same RTC a separate action for partial quashal of the writ of execution with application for preliminary injunction, docketed as Civil Case No. 613-A, against the Lopez heirs. | |||||