G.R. No. 229070 - EUFEMIA ABAD AND SPS. FLORDELIZA ABAD-CEZAR AND POLLIE CEZAR* WHO ARE HEIRS OF ENRIQUE ABAD, VS. HEIRS OF JOSE EUSEBIO ABAD GALLARDO NAMELY: DOLORES LOLITA J. GALLARDO, JOCELYN A. GALLARDO, JUDITH A. GALLARDO AND JONAH GALLARDO, ALL REPRESENTED BY DOLORES LOLITA J. GALLARDO AND JON

Ruling

WHEREFORE, from the foregoing Judgment on the Pleadings is hereby rendered in favor of the plaintiffs [(respondents)] and against the defendants [(petitioners)]. Accordingly, this Court is hereby 1) ORDERING the defendant Heirs of Enrique Abad and Eufemia Abad and Sps. Flordeliza Abad Cezar and Pollie Cezar, to comply with the Deed of Partition and approved subdivision plan Psd-(af)-02-024846 as well as to honor the Deed of Donation executed by Isabel Abad in favour of Jose Eusebio Abad Gallardo; 2) ORDERING the defendant Eufemia Abad to Surrender the title of the plaintiffs Heirs of Jose Eusebio Abad Gallardo over Lot No. 5826-B consisting of 5,000 square meters OR, in the alternative, TO SURRENDER the mother title Transfer Certificate of Title N[o]. T-131684 of the Registry of Deeds of Santiago City and ORDER the latter to issue the title to the plaintiffs; 3) ORDERING ALL THE DEFENDANTS to cease and desist from all acts of threatening the peaceful possession, occupation, and cultivation of the plaintiffs over the subject lot; 4) ORDERING the defendant EUFEMIA ABAD to accept the payment of the plaintiff Dolores Lolita Gallardo deposited in Court thru consignation in the amount of P75,000.00 and declare the plaintiffs to have legally redeemed the subject property; 5) ORDERING THE DEFENDANTS to pay P30,000.00 as Attorney's fees, and P2,500.00 per appearance fee, and costs of litigation. SO ORDERED.