G.R. No. 149570 - HEIRS OF ROSENDO SEVILLA FLORENCIO, AS REPRESENTED BY ESTRELLITA FLORENCIO-CRUZ AND RODRIGO R. FLORENCIO, VS. HEIRS OF TERESA SEVILLA DE LEON AS REPRESENTED BY VALERIANA MORENTE.

Ruling

WHEREFORE, premises considered, it is most respectfully prayed that after due hearing, judgment be rendered ordering defendants to: Vacate the premises which they are presently occupying; Pay plaintiff the amount of P100,000.00 as and by way of attorneys fees; Pay plaintiff P100,000.00 as moral damages; Pay plaintiff P100,000.00 as exemplary damages. Pay plaintiff P10,000.00 per month from April 26, 1995 up to and until defendants vacate the premises. Plaintiff prays for other reliefs just and equitable under the circumstances. [8] In their answer to the complaint, the heirs of Florencio alleged that the plaintiffs had no cause of action against them, as Teresa de Leon had executed a Deed of Donation on October 1, 1976 over the said parcel of land in favor of their predecessor, Rosendo Florencio. The latter accepted the donation, as shown by his signature above his typewritten name on page one of the deed. The execution of the deed was witnessed by Patria L. Manotoc and Valeriana L. Morente. Atty. Tirso L. Manguiat, a notary public in the City of Manila, notarized the deed on said date and entered it in his notarial record as Doc. No. 1724, page 71, Book IV, series of 1976. [9] The heirs of Florencio further averred that since then, their predecessor and his family possessed the aforesaid property as owners. After De Leons death, Florencio and his children, in coordination with Jose de Leon, the administrator of the aforesaid property, arranged for the registration of the land subject of the donation in the name of Rosendo Florencio, which was, however, superseded by the untimely demise of Jose de Leon in 1991. Thus, the property remained in the name of Teresa Sevilla de Leon, even after Florencios death in March of 1995. [10] On February 1, 1996, the heirs of De Leon, represented by Valeriana L. Morente, also filed a complaint for ejectment against the heirs of Bienvenido Santos before the MTC of San Miguel, Bulacan, docketed as Civil Case No. 2062. [11] They prayed, thus: WHEREFORE, premises considered, it is most respectfully prayed that after due hearing, judgment be rendered ordering defendants to: Vacate the premises which they are presently occupying; Pay plaintiff the amount of P100,000.00 as and by way of attorneys fees; Pay plaintiff P100,000.00 as moral damages; Pay plaintiff P100,000.00 as exemplary damages; Pay plaintiff P10,000.00 per month from April 26, 1995 up to and until defendants vacate the premises. Plaintiff prays for other reliefs just and equitable under the circumstances. [12] In their answer to the complaint, the heirs of Bienvenido Santos, through counsel, alleged that the plaintiffs had no cause of action against them, and that they did not occupy the property by mere tolerance but on the basis of a contract of lease executed by De Leon on September 26, 1966. Furthermore, De Leon donated the property to Rosendo Florencio on October 1, 1976, and the latter, after the expiration of the contract of lease, allowed and