G.R. No. 127965 - FRANCISCO SALAZAR, VS. REYNALDO DE LEON REPRESENTED BY HIS ATTORNEY-IN-FACT, FELICIANO JABONILLA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is prayed of this Honorable Court, that after due notice and hearing, judgment be rendered in favor of [herein respondent] and against the [herein petitioner], to wit: Ordering the [petitioner] to peacefully vacate and peacefully surrender and restore possession of the land described in paragraph 2 hereof to the [respondent]; Ordering [petitioner] to pay to [respondent] the sum of P10,000.00 as damage, representing attorney's fee, plus the total sum of appearances of counsel at P500.00 per hearing; Ordering [petitioner] to pay to [respondent] 120 cavans of palay per calendar year with the average weight of 50 kilos per cavan, or its money equivalent, commencing from the filing of the case, until [respondent] is restored in possession of the land in suit; Ordering [petitioner] to pay P2,000.00 as damage, representing expenses incurred by [respondent] in the filing of the case in court against the [petitioner], and another sum of P10,000.00 litigation expenses incurred by [respondent]; Ordering [petitioner] to pay the costs of this suit; and GRANTING to [respondent] such further relief deemed just and equitable in the premises. [6] Upon motion of respondent, [7] the RTC issued an Order dated 20 May 1993 declaring petitioner in default for his failure to file an answer and/or any responsive pleading to respondent's Complaint despite service of summons. [8] Respondent was then allowed by the RTC to present evidence ex parte. [9] Respondent testified on his own behalf. On 8 October 1993, the RTC rendered its Decision wherein it declared that: The court having been convinced that the [herein respondent] as absolute owner is entitled to the possession of the land in question, the [herein petitioner] should now be enjoined to vacate the said land and surrender the peaceful possession thereof to the [respondent]. Ownership implies the right to enjoy the thing owned and this right carries with it the right to recover the same (Article 428, New Civil Code). [10] The fallo of the RTC Decision reads: WHEREFORE, in view of the foregoing findings, judgment is hereby rendered in favor of the [herein respondent] and against the [herein petitioner] and hereby orders him: To vacate and surrender the peaceful possession of that parcel of land mentioned in paragraph 2 of the [respondent's] complaint embraced in and covered by TCT No. T-85610 of Isabela, standing in the name of the [respondent]; To pay the [respondent] the sum of P20,000.00 representing the unrealized fruits of the land from the filing of the case up to the present; To pay the sum of P5,000.00 as reasonable attorney's fee's; and To pay the costs. [11] Petitioner filed a Motion for New Trial and Lift Order of Default, [12] wherein he claimed that being unlettered, he completely relied on his counsel to take charge of the case and he was unaware that his counsel failed to file an Answer to respondent's Complaint. Petitioner also insisted that the dispute between him and respondent involved