April 2004 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court Jurisprudence

Oderon Vda de Cardona v. Amansec : 147216 : April 15, 2004 : J. Callejo Sr : Second Division : Resolution

SECOND DIVISION

[G.R. NO. 147216 : April 15, 2004]

ROSALIE ODERON VDA. DE CARDONA, Petitioner, v. MARCELINO AMANSEC, Respondent.

R E S O L U T I O N

CALLEJO, SR., J.:

This is a Petition for Review on Certiorariseeking the reversal of the Resolution¹ of the Court of Appeals, dismissing the Petition for Review in CA-G. R. SP No. 60684 and its resolution denying the petitioners motion for reconsideration of its first resolution.

The Antecedents

On July 16, 1999, petitioner Rosalie Oderon Vda. de Cardona, filed a Complaint for Ejectment against Marcelino Amansec with the Municipal Trial Court of Alaminos, Pangasinan, with a prayer for a writ of preliminary injunction. The case was docketed as Civil Case No. 1878. The petitioner, the plaintiff therein, alleged, inter alia, that her son, Ronald Cardona was the owner of a residential lot with an area of 1,654 square meters, located in Barangay Cabalera, Alaminos, Pangasinan, covered by Transfer Certificate of Title (TCT) No. 12797 and declared for taxation purposes in his name under Tax Declaration No. 227 of the Municipal Assessor of Alaminos. Ronald Cardona died intestate on February 18, 1997and was survived by the petitioner, as his sole heir. According to the petitioner, respondent Marcelino Amansec entered the property without authority therefor and started erecting residential houses. The petitioner, thereafter, sent a formal demand letter

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