G.R. No. 114151 - MAURICIA ALEJANDRINO, VS. THE HONORABLE COURT OF APPEALS, HON. BENIGNO G. GAVIOLA, RTC-9, CEBU CITY, AND LICERIO P. NIQUE.

Ruling

WHEREFORE, the Court hereby renders judgment in favor of defendant and against plaintiff, dismissing the complaint filed by plaintiff against defendant, and on the Counterclaim and prayer of defendant in its Answer, the Court hereby declares defendant as the owner in fee simple of the share of plaintiff Laurencia Alejandrino and the shares of Marcelino, Gregorio and Abundio, all surnamed Alejandrino, of the parcel of land known as Lot No. 2798 and covered by Transfer Certificate of Title No. 19658 which 4 shares totals an area of 146 square meters more or less; and the Court further Orders plaintiff to: 1. Vacate the premises subject of the complaint and surrender the property to defendant to the extent of the 4 shares aforementioned; 2. Pay the defendant the amount of P15,000.00 as litigation and necessary expenses; the sum of P10,000.00 as reimbursement for attorneys fees; the sum of P10,000.00 as moral damages and P10,000.00 as exemplary damages; 3. Plus costs. SO ORDERED.