Eunice Talisay & Heirs of Tomas Awing

Vs

PARO, ROD Cebu Province, Antonia T. Kiamco, Et Al.

 Petitioner Eunice O. Talisay of Legal Age, Widow, A resident of Luyang, Carmen, Cebu
 The Co-petitioners are the heirs of Tomas Awing Namely: His wife, Rosita C. Awing, Widow, of Legal age,
Filipino Citizen; His Children, Antonio Awing, Amelita Awing-Tan, Jesusa Awing, and Nicias A. Cabrera are
of legal age, Married, Filipino Citizens, except for Jesusa Awing who is still single. All of the heirs of Tomas
Awing are Residing at Cogon west, Carmen, Cebu.
 Respondent Lydia C. Talisay, is a widow, Filipino, of legal age, and a resident of cansaguiring, Baring,
Carmen, Cebu.
 Respondent Antonia T. Kiamco married to Alberto Kiamco is married, Filipino, of legal age, and resident
of Cantumog, Carmen, Cebu.
 Respondent Cristina T. Lacno married to Jovenal M. Lacno is married, Filipino, of legal age and resident
of mang-alho, ipil, Carmen, Cebu.
 Petitioners heirs of Tomas Awing alleged that they are the legal and absolute owner of a parcel of land
described at lot 4442, CAD 1046-D located in Baring, Carmen, Cebu covered by tax Declaration no. 15-
0002-001150 with an area of 12,679 Sq. M. This parcel of land was sold by co-petitioner Eunice Talisay
to the deceased Tomas Awing and his wife, Rosita Awing, on Oct. 4, 2010
 On April 10, 2011, Tomas Awing died Intestate and the heirs of Tomas Awing Executed a Supplemental
extra-judicial settlement of estate and the subject property is now owned by them pro-indiviso.
 Petitioners have likewise been continuously paying the real property tax upon the above-described
properties as evidenced by real property tax receipts. The latest real property tax receipt shows that
petitioners Awing paid the realty taxes of the subject property.
 Originally, this lot prolonged to respondent’s father, Sixto p. Talisay, Sr. however, a criminal case for
murder was filed against respondent’s father and his son, Sixto Talisay, Jr. the case was docketed as
criminal case no. CBU-9726. Herein petitioner, Eunice Talisay (as heir of the murdered Melecio Talisay)
was the private complainant in the said murder case. Both Sixto p. Talisay Sr. and Sixto P. Talisay Jr. were
found guilty beyond reasonable doubt for the crime of murder and were ordered to pay indemnity in
favour of the heirs of Melecio Talisay.
 On April 22, 1997, a writ of execution was issued by the regional trial court of Cebu City, Branch 10
ordering the writ of execution be issued in favour of the heirs of Melecio Talisay.
 By virtue of the aforesaid writ of execution issued in criminal case (CBU-9726), a levy was made by the
sheriff on April 23, 1997, thru the municipal assessor of Carmen, Cebu and the province of Cebu on the
rights, interests and participation of the said accused over the subject property. Consequently, on July 7,
1997, a notice of sale on execution of real property was issued by the provincial sheriff that the property
will be sold in a public auction on July 28, 1997.
 During the public auction, the highest and lone bidder, petitioner Eunice Talisay won and was awarded
the property described above. A certificate of sale was issued by Sheriff Fortunato T. Viovicente, Jr. on
August 27, 1997. The sale was duly registered with the Register of Deeds of the province of Cebu on June
7, 2002.
 The heirs of Sixto C. Talisay, the respondents herein, failed to redeem the property within the one year
redemption period, thus, on June 16, 2003, a sheriff’s definite deed of sale was issued by the sheriff.
 The tax declaration declared in the name of Sixto Talisay Sr. was cancelled and a new was issued in favour
of petitioner Eunice Talisay under tax declaration no 14731.
 The petitioners learned that respondents, Lydia C. Talisay, Anotnio Kiamco and Cristina Lacno applied for
a certificate of land ownership award with the DAR. On the basis of their application, a certificate of land
ownership award no. 00115664 was issued in their name and duly registered with the register of deeds
of Cebu province, as per original Certificate of Title no. 00-3051 issued under the name of Lydia Talisay,
Antonia Kiamco and Cristina Lacno and covered the above-described parcel of land.
 Petitioner had no opportunity to protest the application as they were not aware nor were they notified
of any application for CLOA by respondents.
 Petitioner most respectfully submit that there was an erroneous grant/issuance of the certificate of land
ownership to respondents on the ground that the respondents are no longer the owner of the land by
virtue of a sale on execution issued by the honourable court. They made material misrepresentation in
their application for CLOA/OCT.
 Petitioners being the actual and real owners of the said land are gravely aggrieved by the issuance and
registration of the said CLOA/OCT in favour of the respondents.
 Petitioners prayed of this Honorable Office, that after due notice and hearing, an order of issued, to wit:
o Declare as null and void the certificate of land ownership award no. 00115664
issued to the respondents and covering lot no. 4442, CAD 1046-D located at
Baring, Carmen, Cebu.
o Cancel the certificate of Land Ownership award no. 00115664/OCT no. 00-3051.