G.R. No. 124611 - WENONAH L. MARQUEZ AZARCON, VS. HOUSING AND LAND USE ARBITER CHARITO BUNAGAN, BOARD OF COMMISSIONERS (SPECIAL DIVISION), EQUITY HOMES, INC., SAGANA CONSTRUCTION AND DEVELOPMENT CORP. AND J. M. BUILDERS, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the decision sought to be considered is hereby modified by setting aside Order Nos. 2 and 3 of the decision, and incorporating therein substitute Orders which shall read as follows: Requiring the complainant to tender the amount of P101,560.00 within fifteen (15) days from finality of this decision; however, in the event such amount remains unpaid as of the end of said period, the same shall earn interest at the rate of six (6%) percent per annum, reckoned from such finality until the same is fully paid; Requiring complainant, to immediately pay upon promulgation of this decision without prejudice to such appeal as may thereafter be filed and pending such appeal, if any, the amount of Three Thousand (P3,000.00) pesos a month as rental for her use and occupancy of the premises subject of this case, reckoned from the time of her occupancy of the unit until the amount set forth in the preceding order is fully paid; the said amount of rental shall form part of the purchase price of the premises as herein adjusted , and may be paid as a whole in one lump sum in advance, or through monthly amortizations, at the option of the complainant; Requiring the respondent to accept .the price tendered by complainants, together with the payment of rentals set forth in the preceding order, in full satisfaction .of his claims, rights and interests over the property, within ten (10) days from such tender/offer or actual payment, as the case maybe, and consequently within a period not later than ten (10) days thereafter, execute the necessary documents and deliver title to the premises in the name of complainant. (Emphasis and underscoring supplied) As none of the parties appealed the decision of the Board, it became final and executory. In accordance with the decision, Azarcon paid the balance of the purchase price which was received by SAGANA on July 22, 1993. [11] SAGANA refused, however, to execute a Deed of Sale over the subject property and to deliver the title covering it on the ground that Azarcon had yet to pay rentals in accordance with the decision. [12] On August 23, 1993, SAGANA filed before the Board a Motion for Execution [13] of its decision with respect to its order for Azarcon to pay rentals. The Board referred the motion to the HLA, the decision having become final and executory. On December 20, 1993, Azarcon also filed a Motion for Execution [14] of the same Board decision in light of SAGANAs refusal to issue a Deed of Sale in her favor and to deliver the title covering the subject property. By Order of March 18, 1994, [15] the HLA denied Azarcons motion and granted that of SAGANA, thus directing Azarcon to pay rentals, as the payment . . . of the sum of P101,560.00 [by her] did not discharge all [her] obligations to [SAGANA] pursuant to the dispositive portion of the final judgment. [16] A Writ of Execution [17] was accordingly issued on March 21, 1994 to enforce the payment of rentals by Azarcon. On April 13,