G.R. No. 160406 - SPS. DOLORES MIRANDA PROVOST AND JEAN PROVOST, VS. THE COURT OF APPEALS AND SPS. VICTOR RAMOS AND FE A. RAMOS.

Ruling

WHEREFORE, FOREGOING PREMISES CONSIDERED, this petition is GRANTED. The assailed Decision dated December 10, 1999 of the Regional Trial Court, Branch 28, Mambajao, Camiguin in Civil Case No. 573 entitled, "Spouses Victor Ramos, et al. vs. Jean Provost, et al." is reversed and set aside and in lieu thereof, another one is entered: (a) ordering respondents to vacate and surrender the encroached area of 314 square meters to the petitioners and to remove their fence; (b) to pay petitioners the following amounts: (1) the amount of P6,355.82 as actual damages; (2) the amount of P500.00 per annum as reasonable rentals of the encroached area; (3) the amount of P35,500.00 as attorney's fees plus P1,500.00 as traveling expenses every hearing; (4) the amount of P50,000.00 as moral damages; (5) the amount of P500.00 as litigation expenses and to pay the costs of suit. SO ORDERED.