Rule 69 Partition
Rule 69 Partition
Rule 69 Partition
In effect, the two subdivision agreements paved the way for the
issuance, under the Sps. Usis name, of TCT Nos. 1585-RP,
2092-RP, and 2101-RP, covering Lots 733-B, 733-C-1 and 733C-10, respectively. On the other hand, the subdivision of Lot 733,
per the Galang Plan, and the two subdivision agreements
concluded based on that plan, virtually resulted in the loss of the
identity of what under the Fajardo Plan were Lot 733-A and Lot
733-F. The Sps. Viray and the late Jesus Viray, to recall,
purchased Lot 733-A and Lot 733-F, respectively, from Mendoza.
Lot 733-A 366 sq. m. Sold to Sps. Avelino and Margarita Viray
Lot 733-B 465 sq. m. Unsold
Lot 733-C 3,445 sq. m Unsold
Lot 733-D 683 sq. m. Proposed Road
Lot 733-E 677 sq. m. Unsold
Lot 733-F 3,501 sq. m. Sold to Jesus Viray
The said conveyances notwithstanding, Mendoza, Emerenciana
M. Vda. de Mallari (Vda. de Mallari) and respondent spouses
Jose Usi and Amelita T. Usi (Sps. Usi or the Usis), as purported
co-owners of Lot 733, executed a Subdivision Agreement, or the
1st subdivision agreement (1st SA), which adopted as base of
reference of the LMB-approved subdivision plan prepared by