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MARIANO L. GUMABON v. AQUILINO T. LARIN

This case has been cited 1 times or more.

2004-11-25
PANGANIBAN, J.
We agree with the appellate court.  Indeed, what respondent instituted against petitioners was a real action for the recovery of property.  It has been held that where a party makes a claim contrary to ownership, and the relief prayed for cannot be granted without the court deciding on who has a better right to the property, the suit is a real action.[34]