G.R. NO. 153802 - HOMEOWNERS SAVINGS & LOAN BANK, VS. MIGUELA C. DAILO.

Ruling

WHEREFORE, the plaintiff having proved by the preponderance of evidence the allegations of the Complaint, the Court finds for the plaintiff and hereby orders: ON THE FIRST CAUSE OF ACTION: The declaration of the following documents as null and void: (a) The Deed of Real Estate Mortgage dated December 1, 1993 executed before Notary Public Romulo Urrea and his notarial register entered as Doc. No. 212; Page No. 44, Book No. XXI, Series of 1993. (b) The Certificate of Sale executed by Notary Public Reynaldo Alcantara on April 20, 1995. (c) The Affidavit of Consolidation of Ownership executed by the defendant (c) The Affidavit of Consolidation of Ownership executed by the defendant over the residential lot located at Brgy. San Francisco, San Pablo City, covered by ARP No. 95-091-1236 entered as Doc. No. 406; Page No. 83, Book No. III, Series of 1996 of Notary Public Octavio M. Zayas. (d) The assessment of real property No. 95-051-1236. The defendant is ordered to reconvey the property subject of this complaint to the plaintiff. ON THE SECOND CAUSE OF ACTION The defendant to pay the plaintiff the sum of P40,000.00 representing the value of the car which was burned. ON BOTH CAUSES OF ACTION The defendant to pay the plaintiff the sum of P25,000.00 as attorneys fees; The defendant to pay plaintiff P25,000.00 as moral damages; The defendant to pay the plaintiff the sum of P10,000.00 as exemplary damages; To pay the cost of the suit. The counterclaim is dismissed. SO ORDERED.