G.R. NO. 163429 - JOHNNY JOSEFA, VS. LOURDES SAN BUENAVENTURA, REPRESENTED BY ATTORNEYS-IN- FACT, TERESITA SAN BUENAVENTURA AND/OR RAUL SAN BUENAVENTURA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, plaintiff respectfully prays that this Honorable Court, after due hearing, lender [sic] judgment, in favor of plaintiff and against defendant, ordering the latter: To vacate the premises and to deliver the peaceful possession thereof to plaintiff; To pay plaintiff the amount equivalent to the deficit on monthly rentals from August 1, 1995 up to the time that defendant actually surrenders possession of the property at the rate of PhP 30,000.00 per month; To pay plaintiff the amount of PhP 100,000.00 as and by way of moral damages; To pay plaintiff the amount of PhP 100,000.00 as and by way of exemplary damages; To pay plaintiff the amount of PhP 50,000.00 and PhP 1,500.00/per appearance as and by way of attorney's fees; and To pay costs of suit and expenses of litigations. Other reliefs just and equitable under the premises are likewise prayed for. [10] In his Answer, [11] Josefa averred that San Buenaventura had no cause of action against him because, under the contract, she (San Buenaventura) was obliged to renew the lease. Josefa pointed out that because of this commitment to renew the contract, he had made renovations and improvements on the land. Josefa also set up attorney's fees as counterclaim against San Buenaventura. He likewise prayed that should the lease contract not be renewed, San Buenaventura be ordered to reimburse to him the cost of the improvements in the amount of not less than P3 million. On July 15, 1999, the MeTC rendered its Decision, [12] the dispositive portion of which reads: WHEREFORE, premises considered, judgment is hereby rendered ordering herein defendant and all persons claiming rights under him to vacate the subject leased premises located as (sic) A. Mabini St., Capasigan, Pasig City and surrender possession thereof to the plaintiff; ordering defendant to pay P10,000.00 as and for attorney's fees, the same being deemed just and equitable, and to pay the costs of suit. The claim for moral and exemplary damages is denied, the same not being recoverable in an ejectment suit. Moreover, for lack of basis, the claim for deficit in monthly rentals from August 1, 1995 is likewise denied. Defendant is, therefore, directed to continue to pay reasonable compensation for his continued use and occupation of the subject premises at the old rate of P15,000.00 a month from the time of the institution of this complaint until defendant and all person[s] claiming rights under him shall have completely vacated the premises. Defendant's counterclaim is dismissed for want of basis. SO ORDERED.