SPS. IRENEO T. FERNANDO (SUBSTITUTED BY THEIR HEIRS, RONALDO M. FERNANDO, CONCORDIA FERNANDO-JAYME, ESMERALDA M. FERNANDO, ANTONETTE M. FERNANDO-REGONDOLA, FERDINAND M. FERNANDO, AND JEAN MARIE FERNANDO-CANSANAY), AND MONSERRAT MAGSALIN FERNANDO, VS. MARCELINO T. FERNANDO.

Ruling

WHEREFORE, the instant appeal is GRANTED. Setting aside the assailed April 31, 2005 Decision of the RTC, judgment is hereby rendered: 1) Declaring the Deed of Partition with Sale dated October 27, 1994 as NULL and VOID; 2) Declaring further Transfer Certificate of Title Nos. 120654 and 120655 issued in the name of Ireneo T. Fernando and Transfer Certificate of Title No. 120655 issued in the name of Celerina T. Fernando as NULL and VOID; 3) Directing the Register of Deeds of Quezon City to revive TCT Nos. RT-7108 and RT-7109 and accordingly issue transfer of title over the three lots as now co-owned by Irineo T. Fernando married to Monserrat M. Fernando, Juliana T. Fernando and Celerina T. Fernando; and 4) Ordering the defendants-appellees to pay plaintiff-appellant P100,000.00 as moral damages, P50,000.00 as exemplary damages and P50,000.00 as attorney's fees. SO ORDERED.