G.R. No. 135528 - SPOUSES ORLANDO A. RAYOS AND MERCEDES T. RAYOS, VS. THE COURT OF APPEALS AND SPOUSES ROGELIO AND VENUS MIRANDA.

Ruling

WHEREFORE, it is respectfully prayed that judgment be rendered in favor of plaintiff and against defendants, ordering the latter, jointly and severally, as follows: To pay to plaintiff the sum of P 267,197.33, with legal interest from date of demand, as actual or compensatory damages representing the unreturned price of the land; To pay to plaintiff the sum of P 500,000.00 as consequential damages; To pay to plaintiff the sum of P 1,000,000.00 as moral damages; To pay to plaintiff the sum of P 100,000.00 as exemplary damages by way of example or correction for the public good; To pay to plaintiff the sum of P 100,000.00 for and as attorneys fees; To pay for the costs of suit; and That a Writ of Attachment be issued against the properties of defendant Rayos spouses as security for the satisfaction of any judgment that may be recovered. PLAINTIFF FURTHER PRAYS for such other remedies and relief as are just or equitable in the premises. [23] The trial court granted the respondents plea for a writ of preliminary attachment on a bond of P 260,000.00. After posting the requisite bond, the respondent also filed a criminal complaint against petitioner Orlando Rayos for estafa with the Office of the Provincial Prosecutor of Makati, docketed as I.S. No. 87-150. He, likewise, filed a complaint for disbarment in this Court against petitioner Orlando Rayos, docketed as Administrative Case No. 2974. Unaware of the said complaint, the petitioner wrote the respondent on January 3, 1986 that as soon as his payment to the PSB of P 29,223.67 was refunded, the owners duplicate of the title would be released to him. [24] On January 5, 1986, petitioner Orlando Rayos wrote respondent Rogelio Miranda, reiterating that he would release the title in exchange for his cash settlement of P 29,421.41. [25] The respondent failed to respond. In the meantime, the PSB executed on January 8, 1987 a Release of Real Estate Mortgage in favor of the petitioners, [26] and released the owners duplicate of title of TCT No. 100156. [27] On January 17, 1987, petitioner Orlando Rayos wrote respondent Rogelio Miranda, reiterating his stance in his Letters of January 3 and 5, 1987. In the meantime, the petitioners received the complaint in Civil Case No. 15639 and filed their Answer with Counterclaim in which they alleged that: That plaintiff has no cause of action against defendants Rayos, the latter are willing to deliver the title sought by plaintiff under the terms set out in their letters dated January 3, 5, 17, and 20, hereto marked as Annexes 1, 1-A, 1-B and 1-C; [28] Petitioner Orlando Rayos filed a complaint on February 1, 1987 against respondent Rogelio Miranda with the Regional Trial Court of Makati, docketed as Civil Case No. 15984 for Specific Performance with Damages for the collection of the amount of P 29,223.67 which he had paid to the PSB on December 12 and 19, 1986, and his attorneys fees in Civil Case No. 13670. The trial court consolidated the cases in Branch