G.R. No. 150925 - SPOUSES JAMES TAN AND FLORENCE TAN, VS. CARMINA, REYNALDO, YOLANDA AND ELISA, ALL SURNAMED MANDAP.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered judgment is hereby rendered as follows: IN CIVIL CASE NO. 89-50263 Declaring the Deeds of Sale (Exh. A and A-1; B and B-1) both dated May 25, 1989 executed in favor of Elenita Vasquez married to Crispulo Vasquez as null and void and of no legal force and effect whatsoever; Ordering the Register of Deeds of Manila to cancel TCT No. 186748 (Exh. K to K-2) and TCT No. 186749 (Exh. L and L-1) registered in the name of Elenita Vasquez married to Crispulo Vasquez having been issued thru a void and inexistent contract; further ordering the reconveyance of said title to the Estate of Dionisio Mandap, Sr.; Ordering the plaintiffs or the Estate of Dionisio Mandap, Sr., to reimburse or return the sum of P570,000.00 representing the purchase price of the subject lot, plus legal rate of interest starting from the rendition of this decision until fully paid; Ordering the defendants Spouses Crispulo and Elenita Vasquez and Diorita Dojoles to jointly and severally reimburse or return the fruits or earnings in the mentioned lots in the form of rentals which is hereby fixed at P10,000.00 per month from the date this complaint was filed until defendants restore and/or surrender the subject premises to the Estate of Dionisio Mandap, Sr.; Ordering the defendants Spouses Crispulo and Elenita Vasquez and Diorita Dojoles to pay attorneys fees in the amount of P50,000.00 and to pay the costs of this suit. IN THE SUPPLEMENTAL COMPLAINT AGAINST SPOUSES JAMES AND FLORENCE TAN Declaring the Deed of Sale dated September 11, 1989 (Exh. Q and 7, Tan) executed by Elenita Vasquez married to Crispulo Vasquez as null and void and of no force and effect whatsoever, the vendor having no valid title to dispose of the same; Ordering the Register of Deeds of Manila to cancel TCT No. 188862 issued in the name of James Tan, the source of which having been declared null and void; Ordering Spouses Crispulo and Elenita Vasquez to return the sum of P1,000,000.00 representing the purchase price of the lot covered by TCT No. 188862 with legal rate of interest from the date of this decision; Ordering defendants James and Florence Tan to jointly and severally pay the sum of P15,000.00 as and for attorneys fees. IN BOTH CASES THE COUNTERCLAIMS INTERPOSED BY THE DEFENDANTS ARE DISMISSED FOR LACK OF MERIT. SO ORDERED.