Facts:

• Plaintiffs: Alipio Villones, Aurelio Villones, and Catalina Villones
• Defendant: Conrado Penson
• Date and place: Not mentioned
• Plaintiffs purchased a land from the defendant
• The land is described as a residential land of about 500 square meters
• The land is bounded by the defendant's land, the land of Juan Valentino, the land of Eusebio Valenton, and the National Road
• Plaintiffs filed a complaint for specific performance
• Alleged that they paid a portion of the purchase price
• Defendant refused to accept the remaining amount and execute the corresponding deed of sale
• Court rendered a judgment on the pleadings, ordering the defendant to accept the payment and execute the deed of conveyance
• Ambiguity in the description of the land
• Complaint mentioned that the land sold was one-half of the land declared under tax declaration No. 18229, which measured 1,000 square meters
• Defendant offered to convey a lot with an area of 500 square meters, which was one-half of the land covered by tax declaration No. 18229
• Plaintiffs objected and requested a hearing and an ocular inspection of the land to determine its size
• Court sustained the defendant's objection, stating that the plaintiffs' motion would amount to a reopening of the case
• Plaintiffs filed a petition for certiorari to compel further proceedings and an investigation to ascertain the identity of the land
• Supreme Court granted the petition and ordered the respondent judge to conduct further proceedings to determine the bounds of the land that was adjudged to the plaintiffs
• Purpose of the investigation is to remove the ambiguity in the description of the land and determine its identity with fairness to both parties
• Investigation should be limited to the determination of the boundaries of the half portion of the land covered by tax declaration No. 18229, which wa...continue reading