[G.R. No. 169157 : November 14, 2011]
SPOUSES BENJAMIN AND NORMA GARCIA, PETITIONER, VS. ESTER GARCIA, AMADO GARCIA, ADELA GARCIA, ROSA GARCIA AND DAVID GARCIA, RESPONDENTS.
D E C I S I O N
PERALTA, J.:
For review is the Court of Appeals (CA) Decision1 dated May 12, 2005 and Resolution2 dated August 3, 2005 in CA-G.R. SP No. 41556. The assailed decision dismissed the Amended Petition for Certiorari with Preliminary Injunction and/or Temporary Restraining Order (TRO)3 filed by petitioners, Spouses Benjamin and Norma Garcia, questioning the Regional Trial Court (RTC)4 Orders5 dated April 24, 19966 and July 9, 19967 denying their Urgent Motion to Quash Order of Execution8 and Motion for Reconsideration,9 respectively, in Civil Case No. Q-36147; while the assailed resolution denied petitioners motion for reconsideration.
The facts of the case follow:
Emilio Garcia (Emilio) and Eleuteria Pineda Garcia (Eleuteria) had nine (9) children, namely: Jerameal, Jose, Rita Garcia-Shipley (Rita), respondents Ester, Amado, Adela, Rosa, David and petitioner Benjamin, all surnamed Garcia. Eleuteria died in 1927. Emilio, thereafter, married Monica Cruz (Monica), with whom he had eight (8) children, namely: Irma, Imelda, Rogelio, Emilio, Maurita, Felixberto, Violeta and Rosalinda.10
On October 26, 1962, Emilio died intestate, survived by his wife Monica Cruz and his children of the first and second marriage. He left, among others, a 1,564-square-meter (sq m) lot (hereafter referred to as subject property
The facts of the case follow:
Emilio Garcia (Emilio) and Eleuteria Pineda Garcia (Eleuteria) had nine (9) children, namely: Jerameal, Jose, Rita Garcia-Shipley (Rita), respondents Ester, Amado, Adela, Rosa, David and petitioner Benjamin, all surnamed Garcia. Eleuteria died in 1927. Emilio, thereafter, married Monica Cruz (Monica), with whom he had eight (8) children, namely: Irma, Imelda, Rogelio, Emilio, Maurita, Felixberto, Violeta and Rosalinda.10
On October 26, 1962, Emilio died intestate, survived by his wife Monica Cruz and his children of the first and second marriage. He left, among others, a 1,564-square-meter (sq m) lot (hereafter referred to as subject property
