G.R. No. 275978 - DOMICIANO AND ANSELMA HEREZO, VS. ERNESTO MAQUILING.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing considerations, plaintiff is hereby declared the rightful owner and entitled of the possession of the portion with an area of 200 square meters of Lot 322 of OCT No. 107 and judgment is rendered in favor of the plaintiff as against the defendants by: Ordering the defendants to deliver to the plaintiff portion of Lot 322 to the extent of 200 square meters which is the subject matter of the Deed of Sale executed by Benigno Herezo in favor of Ernesto Maquiling dated November 17, 2004 (Exh "B"); Ordering the defendants to acknowledge the validity of the sale executed by Teofista Herezo in favor of Benigno Herezo and the subsequent sale of Benigno Herezo to Ernesto Maquiling thereby divesting from defendants ownership over the 200 square meters portion of Lot 322 and vesting the same in favor of plaintiff; Ordering the defendants to pay attorney's fees in the amount of [PHP] 40,000.00, litigation expenses in the amount of [PHP] 20,000.00 and to pay the cost. SO ORDERED.