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Facts:
Pastor is the original owner of Lot No. 9 located at
Kinasang-an, Pardo, Cebu City who left it intestate to
his heirs Margarita, Simplicia, Rodrigo, Francisco,
Mario (petitioners predecessor-in-interest) and
Vearanda (herein petitioner). Petitioners admitted
that at the time of Pastors death, his heirs were
already occupying the said lot. The front portion was
occupied by the co-owned Pacres ancestral home,
and beside it stood Rodrigos hut. Marios house
stood at the back of the ancestral house.
The heirs leased the ground floor of the [ancestral
home] including the area occupied by the house to
respondent Ramirez, who immediately took
possession thereof. Subsequently, four of the Pacres
siblings (namely, Rodrigo, Francisco, Simplicia and
Margarita) sold their shares in the ancestral home
and the lot on which it stood to Ramirez. With the
sale, respondent Ramirezs possession as lessee
turned into a co-ownership with petitioners Mario
and Vearanda, who did not sell their shares in the
house and lot.
Rodrigo, Francisco, Margarita and Simplicia sold
their remaining shares in Lot No. 9 to respondent
Cecilia Ygoa (Ygoa). Ygona later filed a petition to
survey and segregate the portions she bought to
which Mario objected on the ground that he wanted
to exercise his right as co-owner to redeem his
siblings shares. Vendee Rodrigo also opposed on the
ground that he wanted to annul the sale for failure
of consideration.
On the other hand, Margarita and the widow of
Francisco both manifested their assent to Ygoas
petition. Because of this, the court issued a writ of
possession respecting Margaritas and Franciscos
shares in favor of Ygoa. It is by authority of this writ
that Ygoa built her house the said lot.
The RTC dismissed the petition and the complaint for
legal redemption, filed by Mario and Vearanda, was
dismissed on the ground of improper exercise of the
right. This was affirmed by the CA ruling that Ygoa
built her house on Lot No. 9 in good faith and it
would be unjust to require her to remove her house
thereon.
Subsequently, the Republic, through the DPWH,
expropriated the front portion of Lot No. 9 for the
expansion of the Cebu south road. This was filed in