G.R. No. 204899 - HEIRS OF BABAI GUIAMBANGAN, NAMELY, KALIPA B. GUIAMBANGAN, SAYA GUIAMBANGAN DARUS, NENENG P. GUIAMBANGAN, AND EDGAR P. GUIAMBANGAN,[1], VS. MUNICIPALITY OF KALAMANSIG, SULTAN KUDARAT, REPRESENTED BY ITS MAYOR ROLANDO P. GARCIA, MEMBERS OF ITS SANGGUNIANG BAYAN, AND ITS MUNICIPAL TR

Ruling

WHEREFORE, upon all the foregoing considerations, judgment is hereby rendered: (a) - ordering the defendant, Municipality of Kalamansig, Sultan Kudarat, and those acting for and in its behalf to vacate the portions used as market site in Lot 1534-A, Psd-12-031263 and the portion in Lot 1534-B, Psd-12-031263 where the ice plant structure is constructed, and surrender the possession thereof to the plaintiff, Datu Eishmael Suinmagumbra, and for the latter to appropriate the improvements built by the defendant on the said lot in question, without paying indemnity; (b) - ordering the defendant to pay back monthly rents to plaintiff for the use of the portion of Lot 1534-A, Psd-12-031263, as market place from January 1997, until the finality of this judgment, at a reasonable amount of P5,000.00; (c) - ordering the defendants to pay to the plaintiff: 1 - moral damages in the reasonable amount of P30,000.00; 2 - exemplary damages in the reasonable amount of P20,000.00; 3 - P20,000.00, as reasonable amount of attorney's fees; and (d) - ordering the defendant to pay the costs of suit. For lack of merit, the counterclaim for damages interposed by the defendant should be, as it is hereby dismissed. IT IS SO ORDERED.