G.R. NO. 134473 - JUAN DE DIOS CARLOS, VS. THE HONORABLE COURT OF APPEALS AND SPOUSES PEDRO R. BALBANERO AND JOVITA AMITHS BALBANERO.

Ruling

WHEREFORE, judgment is hereby rendered in favor of the plaintiff [now petitioner] and against defendants [now respondents] spouses Balbanero as follows: Declaring and confirming the ownership by plaintiff of an undivided one-half (1/2) share of the net area, after deducting the 2,331 square meters adjudicated to the plaintiffs in Civil Case No. 11975 of the property covered by [TCT] No. 139061 of the Register of Deeds of Makati City. Ordering the exclusion of the said plaintiff's one-half (1/2) undivided share from any deed of absolute sale should one be ordered executed in favor of defendants spouses Balbanero in Civil Case No. 18358 entitled "Pedro Balbanero, et al. v. Teofilo Carlos, et al.," before Branch 60, Regional Trial Court of Makati City; Declaring that the other half of the said property covered by TCT No. 139061, which pertained to Teofilo Carlos, is subject to plaintiff's right of pre-emption or redemption; Ordering defendants spouses Balbanero to pay plaintiff the amount of Php100,000.00 as moral damages and Php250,000.00 as attorney's fees; Ordering the dismissal of defendants spouses Balbanero's counterclaims. Costs against defendants spouses Balbanero. SO ORDERED.