G.R. NO. 166521 - PEDRO GENEROSA, DECEASED, NOW SUBSTITUTED BY HIS HEIRS, VIDA R. GENEROSA, ROBERT R. GENEROSA, EDMUNDO R. GENEROSA, PEDRO R. GENEROSA, JR., AMALIA R. GENEROSA, LIZA R. GENEROSA, MELODY R. GENEROSA AND FIDEL R. GENEROSA, VS. PACITA PRANGAN-VALERA.D E C I S I O N - Supreme Court E-Lib

Ruling

accordingly substituted by his widow, Vida Generosa, and their children, to wit: Robert, Edmundo, Pedro, Jr., Amalia, Liza, Melody and Fidel, all surnamed Generosa, the petitioners herein. In a decision [3] dated February 7, 2003, the RTC found for the plaintiff, now respondent Pacita Prangan-Valera. It annulled the Deed of Extrajudicial Partition With Sale executed by the three brothers and awarded the entire property subject of the suit to the respondent, with damages, attorney's fees and litigation expenses. More specifically, the decision dispositively reads: WHEREFORE, premises considered, judgment is hereby rendered as follows: The Deed of Extra-Judicial Partition with sale dated 5 November 1990 (Exh. "C") is hereby ANNULLED and declared NULL and VOID; Tax Declaration No. 5428 in the names of Pedro Generosa and Vida Rosario (Exh. "E") is hereby CANCELLED and ANNULLED; Tax Declaration No. 4528 (Exh. "C") in the name of Eleuterio Valera is hereby ordered to be reinstated. The Municipal assessor of Manaoag, Pangasinan is ordered to reinstate the same in the name of Eleuterio Valera. Likewise, the Provincial Assessor of the Province of Pangasinan is directed and ordered to reinstate the same in the name of Eleuterio Valera; Defendants Alfonso Generosa, Florencio Generosa, Vida Generosa and the heirs of deceased Pedro Generosa, namely: Beda Generosa, Robert Generosa, Edmundo Generosa, Pedro Generosa, Jr., Amalia Generosa, Liza Generosa, Melody Generosa and Fidel Generosa, are directed to deliver, reconvey the possession and ownership of that property located in Licsi, Manaoag, Pangasinan containing an area of 5,319 square meters, more or less, bounded on North by Maximo Soriano; East by Road; South by Pedro Rous and Crispin Buessa; West by Mariano Soriano, declared under Tax Decl. No. 4528 and assessed at P1,900.00 to the plaintiff; Ordering defendants to pay plaintiff the sum of P10,000.00 as attorney's fees, P5,000.00 as expenses of litigation and the additional sum of P30,000.00 for and as moral damages. Costs against the defendants. SO ORDERED.