G.R. No. 166944 - JUANITO MAGSINO, VS. ELENA DE OCAMPO AND RAMON GUICO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, having failed to substantiate his allegations, the Complaint is hereby ordered DISMISSED. The writ of preliminary injunction dated November 10, 2000, is hereby ordered recalled, set aside and with no further force and effect. Consequently, the plaintiff is ordered to leave and vacate that parcel of agricultural land with an area of 10 hectares more or less, located at Sapinit, San, Juan, Antipolo City covered by Transfer Certificate of Title Nos. 328090, 328091, 328092, 328093 and 328094 in the name of defendant Elena De Ocampo which is currently being occupied by said plaintiff by virtue of such writ of injunction. But finding no malice in instituting this Complaint against the defendants, as it was only natural for anybody who is similarly situated to search for remedies in protecting his rights, the Court shall not pronounce any moral or actual damages against the plaintiff. However, as the defendants incurred litigation expenses, plaintiff is hereby ordered to reimburse to the defendants the grand total amount of P100,000.00 representing attorney's fees and litigation expenses (Honorarium) and to pay costs of suit. SO ORDERED.