G.R. No. 165423 - NILO PADRE, VS. FRUCTOSA BADILLO, FEDILA BADILLO, PRESENTACION CABALLES, EDWINA VICARIO (D) REPRESENTED BY MARY JOY VICARIO-ORBETA AND NELSON BADILLO. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, on preponderance of evidence, the Court hereby renders judgment in favor of the plaintiffs and against the defendants, declaring and ordering as follows: 1. That the herein plaintiffs are the lawful owners of the five-sixth (5/6) portion of Lot No. 4080, Pls-54, registered in Original Certificate of Title No. 736, more particularly, the said five-sixth portion is described, delineated and/or indicated in the Sketch Plan which is now marked as Exhibit "B-1"; 2. That the said five-sixth (5/6) portion which [is] herein adjudged as being owned by the herein plaintiffs, include the portions of land presently being occupied by defendants x x x, Concesa Padre, x x x; 3. Ordering the defendants mentioned in No. 2 hereof to vacate x x x the lots respectively occupied by them and restore to [the herein plaintiffs] the material possessions thereof; 4. Condemning and ordering each of the same defendants herein above-named to pay plaintiffs the amount of P100.00 per month, as monthly rental, starting from January 19, 1980, until the lots in question shall have been finally restored to the plaintiffs; and 5. Condemning and ordering the herein defendants named above to jointly and severally pay the plaintiffs the amount of P5,000.00 representing attorney's fees and P2,000.00 as litigation expenses, and to pay the costs of suit. SO ORDERED.