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THIRD DIVISION
SPOUSES CARLOS GOCOTANO and VISITACION GOCOTANO and CLODUALDO GOCOTANO, Petitioners,
- versus -
SPOUSES MARCELO GOCOTANO and MARGARITA GOCOTANO, Respondents.
|
G.R. No. 136814
Present:
panganiban, J . , Chairman, Sandoval-Gutierrez, Corona, CARPIO MORALES, and GARCIA, JJ .
Promulgated:
September 2, 2005 |
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DECISION
SANDOVAL-GUTIERREZ, J . :
Assailed in this petition for review on certiorari are the Resolutions [1] of the Court of Appeals dated June 3, 1998 and November 23, 1998 in CA-G.R. SP No. 47732.
On November
14, 1997, spouses Carlos and Visitacion Gocotano and Clodualdo Gocotano,
petitioners herein, filed with the Regional Trial Court (RTC), Branch 11, Cebu
City, sitting as a Special Agrarian Court, a complaint
[2]
against spouses Marcelo Gocotano and Margarita Gocotano, respondents herein,
for determination of just compensation of the land subject of this dispute,
docketed as Civil Case No. CEB-21191. The complaint alleges inter alia that
petitioners are the owners of a lot covered by Tax Declaration No. 12349,
located at Tunga Basdiot, Moalboal, Cebu; that respondents, claiming as tenants
of petitioners, filed with the Department of Agrarian Reform and Adjudication
Board (DARAB), Region 07, Cebu an action for acquisition of the same lot
pursuant to Republic Act No. 6657 (otherwise known as the Comprehensive Agrarian
Reform Law of 1988), docketed as DARAB Case No. 2065; that the DARAB rendered
judgment allowing the respondents to acquire the lot for a 'measly sum of
Eleven Thousand (
P
11,000.00) Pesos only although its real value
is Two Million (
P
2,000,000.00) Pesos based on the prevailing