G.R. No. 221874 - AGRIFINA DULTRA VDA. DE CANADA, VS. CRESENCIA BACLOT, SUBSTITUTED BY SANCHITO BACLOT, ROBERTO CANADA, ALFREDA PORTUGUEZ, RENATO CANADA, RONALDO CANADA, RONEL CANADA AND RIZALINO CANADA.RESOLUTION - Supreme Court E-Library

Ruling

WHEREFORE, all premises considered and upon sheer preponderance of evidence, the court enters judgment for the plaintiffs as against defendants ordering and enjoining defendants to return, deliver and restore possession to the plaintiffs the following properties, to wit: Commercial land acquired by Sancho Canada Maria Gurro in 1957, all in the name of Cresencia Baclot located at Poblacion, Gingoog City, with all improvements thereon having an area of 684 sq.m. and presently covered by TCT No. T-2190; Cocoland with all the improvements thereon located at Cabanti-an, Magsaysay, Misamis Oriental covered by Tax Declaration No. 17678s. 1974; Cocoland together with all the improvements thereon situated at Cabanti-an, Magsaysay, Misamis Oriental with an area of 3.0000 hectares and declared under Tax Declaration No. 17677s. 1974; Cocoland with all the improvements thereon located at Kitobao, Magsaysay, Misamis Oriental with an area of 11.2990 hectares and declared under Tax Declaration No. 17676 s. 1974; Coconut land together with all the improvements thereon consisting of 3.8700 hectares located at Mingcawayan, Magsaysay, Misamis Oriental and covered by Tax Declaration No. 17675 s. 1974; Unassessed agricultural land together with all the improvements thereon, with an area of 30 hectares located a[t] Malong, Gamay, Magsaysay, Misamis Oriental; Agricultural land located in Mahayahay, Talisay, Gingoog City covered by Tax Declaration No. 14881 in the name of Cresencia Baclot; Agricultural land located in Barangay 17, National Highway, Gingoog City covered by Tax Declaration No. 14282 in the name of Sanchito Canada; Lot No. 11, Cad. 295, a four-hectare property located in Talisay, Gingoog City and declared in the name of Sanchito Canada; Lot No. 4, Cad 295, a two-hectare property located in Talisay, Gingoog City and declared in the name of Cresencia Baclot; Lot No. 10, Cad 295, a five-hectare property located in Talisay, Gingoog City and declared in the name of Cresencia Baclot. Defendants are also directed to make an accounting of the fruits received from the properties beginning from the time of the death of Sancho Canada until the present and to pay plaintiffs attorney's fees in the amount of Php 25,000.00 and Php5,000.00 as litigation expenses. SO ORDERED.