G.R. No. 169898 - SPOUSES ANITA AND HONORIO AGUIRRE, VS. HEIRS OF LUCAS VILLANUEVA, NAMELY: JOSE T. VILLANUEVA, PABLO T. VILLANUEVA, PEDRO T. VILLANUEVA, RODOLFO T. VILLANUEVA, DELIA V. DELA TORRE, JUANITA V. INGLES, & SABELITO V. GELITO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered: Declaring the plaintiffs the lawful owners and entitled to possession of the land in question identified as Lot 764-A in the Commissioner's Sketch marked Exhibit "L", and as owners, are entitled to the possession of the same; Ordering the defendants to restore possession of the land in question to the plaintiffs; Ordering the defendants to pay the plaintiffs the sum of One Thousand Eight Hundred Pesos (P1,800.00) by way of litigation expenses, and another sum of Fifteen Thousand Pesos (P15,000.00) as reimbursement for attorney's fees; and Ordering the Provincial Assessor of Aklan to issue a new tax declaration of the land in question in the name of the plaintiffs upon compliance of the requirements of that office and upon payment of appropriate taxes on the land including back taxes, if any. For insufficiency of evidence, plaintiffs claim for moral damages is denied and for lack of merit, defendants counterclaim is DISMISSED. With cost against the defendants. SO ORDERED.