DAVID SIA TIO AND ROBERT SIA TIO, VS. LORENZO ABAYATA, TEODULO ABAYATA, FELICIANO ABAYATA MIRANDO, AUREA ABAYATA GODINEZ, DOLORES ABAYATA PULVERA, CASILDA ABAYATA BOOC, RAFAELA ABAYATA BAGANO, JEREMIAS ABAYATA AND THE HEIRS OF ELENA ABAYATA MANATAD, NAMELY: ALVIN JESELA, ELENITA, CHONA AND SUZETTE R

Ruling

WHEREFORE, premises considered, the Court renders judgment for the plaintiffs [respondents] and against the defendants [petitioners together with Lasola and Rural Bank] and hereby: a) Declares Transfer Certificate of Title No. 11428 in the name of defendant Benjamin S. Lasola, Jr. as null and void; b) Declares the real estate mortgage entered by defendants Lasolas and Community Rural Bank of Tabogon (Cebu), Inc. as null and void; c) Declares the subsequent auction sale and and the certificate of sale, as well as the definite deed of sale, as null and void; d) Declares the Deed of Sale dated May 30, 1989 (Exhibit "10") in favor of defendants Tios as null and void; e) Declares Transfer Certificate of Title No. 20006 in the names of defendants David Sia Tio and Robert Sia Tio as null and void; f) Declares the plaintiffs as the absolute owners of Lot No. 1, the property subject of this controversy, and orders the Register of Deeds of Lapu-lapu City to issue a new certificate of title in their names; g) Orders the defendants to pay plaintiffs jointly and severally the sums of P20,000.00 as moral damages and P20,000.00 as attorney's fees; h) Orders the defendants to pay the costs of this suit; i) Dismisses all counterclaims for lack of merit. SO ORDERED.