G.R. No. 181359 - SPOUSES CLEMENCIO C. SABITSANA, JR. AND MA. ROSARIO M. SABITSANA, VS. JUANITO F. MUERTEGUI, REPRESENTED BY HIS ATTORNEY-IN-FACT DOMINGO A. MUERTEGUI, JR..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing considerations, this Court finds in favor of the plaintiff and against the defendants, hereby declaring the Deed of Sale dated 2 September 1981 as valid and preferred while the Deed of Absolute Sale dated 17 October 1991 and Tax Declaration No. 5327 in the name of Atty. Clemencio C. Sabitsana, Jr. are VOID and of no legal effect. The Provincial Assessor and the Municipal Assessor of Naval are directed to cancel Tax Declaration No. 5327 as void and done in bad faith. Further, Atty. Clemencio C. Sabitsana, Jr. is ordered to pay plaintiff Juanito Muertigui, represented by his attorney-in-fact Domingo Muertigui, Jr. the amount[s] of: a) P30,000.00 [as] attorneys fees; b) P10,000.00 [as] litigation expenses; and c) Costs. SO ORDERED.