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FACTS:
Petitioner Felicidad Javier filed a Misc. Sales Application for a lot in Olongapo City. She filed for a
forcible entry case against Babol, who forcibly entered a portion of the southwestern part of said lot
stating that she is the true owner of the lot since 1961. Lower court dismissed the case for lack of
evidence to prove that the area in question was in the boundaries of her lot. Subsequently, petitioner
was granted the Miscellaneous Sales Patent and was issued ant OCT covering said lot. But Babol had
already sold the property he was occupying to Rosete. Petitioner demanded surrender of area from
Rosete who did not comply. A complaint was instituted for quieting of title and recovery of possession.
Rosete raised defense on ground of res judicata, RTC ruled in favor of Rosete. MR denied, hence petition
for certiorari