THE ESTATE OF THE LATE JUAN B. GUTIERREZ, REPRESENTED BY ANTONIA S. GUTIERREZ, (FOR HERSELF AND IN HER CAPACITY AS DULY-APPOINTED SPECIAL ADMINISTRATRIX OF THE ESTATE OF JUAN B. GUTIERREZ), VS. HEIRS OF SPOUSE JOSE AND GRACITA CABANGON, REPRESENTED BY BLANCA CABANGAON, JUDGE CADER P. INDAR, AL HAJ,

Ruling

WHEREFORE, for and in consideration of the foregoing premises, judgment is hereby rendered in favor of the plaintiff and against the defendant ordering defendant to: Effect the transfer of ownership, possession and control of the three (3) lots subject of this deed of sale (Exhs. A and A-1) to herein plaintiff after payment of the taxes required; Accept and [receive] the amount of P3,723.53 consigned by plaintiff to the Clerk of Court, City Court, Cotabato City, as the last and complete [payment] of the purchase price of these three (3) lots subject of this case it appearing that the consignation made by the plaintiff is in order. No award for exemplary and moral damages is pronounced it appearing that the original defendant in this case died on February 7, 1999 and was duly substituted by his surviving spouse Antonia Sañada Gutierrez, but acting on the motion of the plaintiff for the accounting of rentals of the occupants of the three lots subject of this case which defendant has been collecting since then, the same is hereby granted and defendant is ordered an accounting of all the rentals of these three (3) lots and to be turned over to the plaintiff-vendee. Likewise, the Clerk of Court where the deposits of the rentals are being deposited from April, 2005 to present is hereby ordered to be turned over whatever rentals deposited in his office since April, 2005 to present, and shall continue accepting deposits of the rentals of these lots in question until further order from this court. SO ORDERED.