G.R. No. 175990 - HEIRS OF ALBINA G. AMPIL, NAMELY PRECIOUS A. ZAVALLA, EDUARDO AMPIL, PEÑAFRANCIA A. OLAÑO, VICENTE G. AMPIL, JR., FROILAN G. AMPIL AND EXEQUIEL G. AMPIL, REPRESENTED BY EXEQUIEL G. AMPIL, VS. TERESA MANAHAN AND MARIO MANAHAN.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, they prayed for the payment of attorneys fees by way of counterclaim. On February 23, 2004, the MTC rendered judgment [16] in favor of the petitioners. The MTC relied on the two (2) tax declarations and the certification from the Municipal Treasurer showing that Albina had been paying the real property taxes on the lands in question. It stressed that the issue in ejectment cases is not the ownership of the property, but the material possession thereof. The dispositive portion reads: WHEREFORE, judgment is hereby rendered declaring the Plaintiff to be entitled to the physical or material possession of Lot No. 186 located at Sto. Niño, Paombong, Bulacan covered by Tax Declaration No. (Property Index) 020-17-013-0007-00001-L consisting of more or less seventy-five (75) square meters and Lot 742 also at Sto. Niño, Paombong, Bulacan covered by Tax Declaration No. (Property Index) 020-17-013-0007-00002-L consisting of more or less three hundred eighty-two (382) square meters and this Court orders: (1) The Defendants, their heirs, assigns or any other persons claiming any right or interest over the subject premises under or in their names to surrender peaceful possession thereof to the Plaintiff; (2) The Defendants to pay the Plaintiff the amount of Two Thousand Pesos (P2,000.00) a month from the date of the filing of this amended complaint (July 11, 2003) until they finally vacate the premises; as fair rental value for the use and occupation thereof; and (3) The award of Twenty Thousand Pesos (P20,000.00) as attorneys fees in favor of the Plaintiff and against the Defendants. No pronouncement as to costs. SO ORDERED.