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JurisprudenceG.R. No. 154390 -

G.R. No. 154390 - METROPOLITAN FABRICS, INC. AND ENRIQUE ANG, VS. PROSPERITY CREDIT RESOURCES INC., DOMINGO ANG AND CALEB ANG.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 353RA 387,RA 973,RA 13,RA 521,RA 1253RA 244,RA 231,RA 617,RA 450,RA 375,RA 207,RA 248,RA 285,RA 397RA 605,RA 57,RA 173,RA 67,RA 706,
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TL;DR — Ruling

WHEREFORE, IN VIEW OF THE FOREGOING, judgment is hereby rendered, to wit: 1. Declaring the real estate mortgage and the subsequent foreclosure made by the defendants on the plaintiffs’ properties covered by Transfer Certificate of Title Nos. 317699, 317702, 317703, 317704 of the Register of Deeds of Quezon City null and void and the titles issued in favor of the defendants canceled and ordered reconveyed to the plaintiffs; 2.

Decision

Ruling

WHEREFORE, IN VIEW OF THE FOREGOING, judgment is hereby rendered, to wit: 1. Declaring the real estate mortgage and the subsequent foreclosure made by the defendants on the plaintiffs properties covered by Transfer Certificate of Title Nos. 317699, 317702, 317703, 317704 of the Register of Deeds of Quezon City null and void and the titles issued in favor of the defendants canceled and ordered reconveyed to the plaintiffs; 2. The defendants are hereby ordered solidarily liable to pay plaintiff, Metropolitan Fabrics, Inc. and the family of Enrique Ang the following: a. The amount of ONE MILLION PESOS (P1,000,000.00) for moral damages; b. The amount of P10,000.00 per month with an interest of 10% per annum from January 1987 up to the time that the plaintiffs take repossession of the said parcels of land as actual damages; c. ONE HUNDRED THOUSAND PESOS (P100,000.00) for attorney's fees; and d. Costs of suit. 3. The defendants counterclaim for deficiency judgment, in the amount of P107,876,171.82 as actual damages; P1,000,000.00 for moral damages and P500,000.00 for attorney's fees is hereby DISMISSED. Let a copy of this DECISION be furnished the Register of Deeds, Quezon City relative to the aforementioned parcels of land. Anticipating an appeal in this case, to protect the rights of the plaintiffs, the Register of Deeds of Quezon City is hereby ordered to annotate this DECISION in the aforementioned Certificates of Title. SO ORDERED.