figuracion vs. figuracion-gerilla

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 Figuracion vs. F iguracion-Gerilla G.R. No. 151334 Topic: Partition of inherited property (intestate) originally belonging to CPG but was not immediately liquidated and delivered to heirs upon death of one of the spouses.  Date: February 13, 2013 Petitioners: CAROLINA (CARLINA) VDA. DE FIGURACION, HEIRS OF ELENA FIGURACION- ANCHETA, namely: LEONCIO ANCHETA, JR., and ROMULO ANCHETA, HEIRS OF HILARIA A. FIGURACION, namely: FELIPA FIGURACION-MANUEL, MARY FIGURACION-GINEZ, and EMILIA FIGURACION-GERILLA, AND HEIRS OF QUINTIN FIGURACION, namely: LINDA M. FIGURACION, LEANDRO M. FIGURACION, II, and ALLAN M. FIGURACION Respondents: EMILIA FIGURACION-GERILLA, FACTS:  Petition  Petition for Review on Certiorari under Rule 45 of the Rules of Court, assailing the Decision dated December 11, 2001 of the Court of Appeals (CA) which reversed and set aside the Decision dated June 26, 1997 of the Regional Trial Court (RTC) of Urdaneta, Pangasinan, Branch 49.  The RTC decision: 1. Dismissed respondent Emilia Figuracion-Ger illa’s (Emilia) complaint for partition, annulment of documents, reconveyance, quieting of title and damages, and 2. Annulled the Affidavit of Self-Adjudication executed by petitioner Carolina (Carlina) Vda. De Figuracion (Carolina).  Anteceden t Facts  The parties are the heirs of Leandro Figuracion (Lea ndro) who died intestate in May 1958.  Subject of the dispute are two parcels of land both situated in Urdaneta, Pangasinan, which were acquired by Leandro during his lifetime. These properties were: (1) Lot No. 2299 and ( 2) Lot No. 705.  Also involved in the controversy is Lot No. 707 originally owned by Eulalio Adviento (Eulalio),  Eulalio begot Agripina Adviento (Agripina) with his first wife Marcela Estioko (Marcela), whom Eulalio survived. When he remarried, Eulalio had another daughter, herein petitioner Carolina, with his second wife, Faustina Escabesa (Faustina).  On November 28, 1961, Agripina executed a Deed of Quitclaim  over the eastern half of Lot No. 707 in favor of her niece, herein respondent Emilia.  On December 11, 1962, petitioner Carolina executed an  Affidavit of Self-Adjudicat ion  adjudicating unto herself the entire Lot No. 707 as the sole and exclusive heir of her deceased  parents, Eu lalio and Fa ustina. Ca rolina also e xecuted a  Deed of Absol ute Sale  over Lot No. 707 in favor of petitioners Hilaria and Felipa, who in turn immediately caused the cancellation of OCT  No. 15867 a nd the i ssuance o f TCT No. 42 244 in the ir name s.  In 1971, Emilia and her family went to the United States and returned to the Philippines only in 1981. Upon her return and relying on the Deed of Quitcla im, she built a house on the eastern half of Lot No. 707  The legal debacle of the Figuracions started in 1994 when Hilaria and her agents threatened to demolish the house of Emilia who, in retaliation, was prompted to seek the partition of Lot No. 707 as well as Lot Nos. 2299 and 705.  During pre-trial conference, the issues were simplified into: o W/N Lot Nos. 2299 and 705 are the exclusive properties of Leandro o W/N respondent Emili a is the owner of the eastern half of Lot No. 707  RTC rendered its Decision dated June 26, 1997:

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Figuracion vs. Figuracion-GerillaPersons and Family Relations

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