G.R. No. 143643 - NATIONAL POWER CORPORATION, VS. SPS. JOSE C. CAMPOS, JR. AND MA. CLARA LOPEZ-CAMPOS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is respectfully prayed that the Honorable Court award the plaintiffs: a. Actual damages for the use of defendants' property since middle 1970's, including legal interest thereon, as may be established during the trial; b. P1,000,000.00 as nominal damages; c. P1,000,000.00 as moral damages; d. Lost business opportunity as may be established during the trial; e. P250,000.00 as attorney's fees; f. Costs of suit. Plaintiffs pray for other, further and different reliefs as may be just and equitable under the premises. [8] Upon receipt of the summons and complaint, the petitioner moved for additional time to file its responsive pleading. However, instead of filing an answer to the complaint, the petitioner filed a motion to dismiss on the ground that the action had prescribed and that there was another action pending between the same parties for the same cause ( litis pendencia ). The respondents opposed said motion. On May 2, 1996, the RTC issued an order denying the petitioner's motion to dismiss. The petitioner then moved for reconsideration of the aforesaid order. The respondents opposed the same and moved to declare the petitioner in default on the ground that its motion for reconsideration did not have the required notice of hearing; hence, it did not toll the running of the reglementary period to file an answer. On July 15, 1996, the RTC issued an order denying the petitioner's motion for reconsideration. Subsequently, on July 24, 1996, it issued another order granting the respondents' motion and declared the petitioner in default for its failure to file an answer. The petitioner filed a motion to set aside the order of default but the same was denied by the RTC. The petitioner filed a petition for certiorari, prohibition and preliminary injunction with the Court of Appeals, docketed as CA-G.R. SP No. 41782, assailing the May 2, 1996, July 15, 1996 and July 24, 1996 Orders issued by the RTC as having been issued with grave abuse of discretion and to enjoin it from proceeding with the case. On February 13, 1996, the CA dismissed the petition for certiorari, prohibition and preliminary injunction filed by the petitioner in CA-G.R. SP No. 41782. In the meantime, the respondents adduced their evidence ex parte in the RTC. As synthesized by the trial court, the respondents adduced evidence, thus: From the evidence thus far submitted, it appears that the plaintiffs spouses, both of whom professional of high standing in society, are the absolute owners of a certain parcel of land situated in Bo. San Agustin, Dasmariñas, Cavite, consisting of 66,819 square meters, more or less, covered and embraced in TCT No. T-95732. Sometime in the mid-1970, Dr. Paulo C. Campos, brother of Justice Jose Campos, Jr., then President of the Cavite Electric Cooperative, approached the latter and confided to him the desire of the National Power Corporation to be allowed to install temporary wooden electric posts on the portion of his wife'