G.R. No. 205664 - DEPARTMENT OF EDUCATION, REPRESENTED BY ITS REGIONAL DIRECTOR TERESITA DOMALANTA, VS. MARIANO TULIAO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered by: 1. Declaring the plaintiff to be the lawful possessor of the lot in suit; 2. Directing the plaintiff to exercise his option under the law (Article 448, Civil Code) whether to appropriate the structures built on the lot in suit as his own by paying to the defendant the amount of the expenses spent for the structures or to oblige the defendant to pay the price of the land, and said option must be exercised and relayed to this court formally within 30 days from receipt of this decision and a copy of such notice must be furnished to the defendant. If in case the plaintiff exercises the option to appropriate the structures built on the lot in suit, the defendant is hereby directed to submit to this court the amount of the expenses spent for the structures within 15 days from receipt of the notice of the plaintiff of his desired option. If the plaintiff decides to oblige the defendant to pay the price of the land, the current market value of the land including its improvements as determined by the City Assessors Office shall be the basis for the price thereof. In case the plaintiff exercises the option to oblige the defendant to pay the price of the land but the latter rejects such purchase because the value of the land is considerably more than that of the structures, the parties shall agree upon the terms of a forced lease, and give the court a formal written notice of such agreement and its provisos. If no formal agreement shall be entered into within a reasonable period, the court shall fix the terms of the forced lease. 3. Directing the defendant to pay the plaintiff the amount of five hundred pesos (P500.00) as reasonable compensation for the occupancy of the encroached property from the time the complaint was filed until such time the possession of the property is delivered to the plaintiff subject to the reimbursement of the aforesaid expenses in favor of the defendant or until such time the payment of the purchase price of the lot be made by the defendant in favor of the plaintiff in case the latter opts for the compulsory sale of the same; 4. Directing the defendant to pay the plaintiff the amount of P20,000.00 as attorneys fees and to pay the costs of the suit. So Ordered.