G.R. No. 165133 - SPOUSES JOSELINA ALCANTARA AND ANTONIO ALCANTARA, AND SPOUSES JOSEFINO RUBI AND ANNIE DISTOR-RUBI, VS. BRIGIDA L. NIDO, AS ATTORNEY-IN-FACT OF REVELEN N. SRIVASTAVA.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is rendered in favor of plaintiff and against the defendants, by - Declaring the contract to sell orally agreed by the plaintiff Brigida Nido, in her capacity as representative or agent of her daughter Revelen Nido Srivastava, VOID and UNENFORCEABLE. Ordering the parties, upon finality of this judgment, to have mutual restitution - the defendants and all persons claiming under them to peacefully vacate and surrender to the plaintiff the possession of the subject lot covered by TD No. 09-0742 and its derivative Tax Declarations, together with all permanent improvements introduced thereon, and all improvements built or constructed during the pendency of this action, in bad faith; and the plaintiff, to return the sum of P17,500.00, the total amount of the installment on the land paid by defendant; the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. Ordering the defendants to pay plaintiff the sum of P20,000.00 as attorney's fees, plus P15,000.00 as actual litigation expenses, plus the costs of suit. SO ORDERED.