PETITIONS for review on certiorari of a decision and
resolution of the Court of Appeals.
355
VOL. 316, OCTOBER 8, 1999
355
Hemedes vs. Court of Appeals
The facts are stated in the opinion of the Court.
Quasha, Ancheta, Pea & Nolasco for Maxima
Hemedes.
Puruganan, Chato, Tan & Eleazar Law Offices for R
& B Insurance Corporation.
Conchu, Tancinco & Associates for Enrique D.
Hemedes.
Eduardo C. Abaya, Nelson M. Reyes and Luis A.
Paredes for Dominium Realty and Construction
Corporation.
GONZAGA-REYES, J.:
Assailed1 in these petitions for review on certiorari is the
decision of the eleventh division of the Court of Appeals in
CA-G.R. CV No. 22010 promulgated on September 11, 1992
affirming in toto the decision of Branch 24 of the Regional
Trial Court of Laguna
in Civil Case No. B-1766 dated
2
February 22, 1989, and the resolution dated December 29,
1992 denying petitioner R & B Insurance Corporations (R
& B Insurance) motion for reconsideration. As the factual
antecedents and issues are the same, we shall decide the
petitions jointly.
The instant controversy involves a question of
ownership over an unregistered parcel of land, identified as
Lot No. 6, plan Psu-111331, with an area of 21,773 square
meters, situated in Sala, Cabuyao, Laguna. It was
originally owned by the late Jose Hemedes, father of
Maxima Hemedes and Enrique D. Hemedes. On March 22,
1947 Jose Hemedes executed a document entitled3
Donation Inter Vivos With Resolutory Conditions
whereby he conveyed ownership over the subject land,
together with all its improvements, in favor of his third
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1
Penned by Pacita Canizares-Nye; Manuel C. Herrera and Justo P.