G.R. No. 108894 - TECNOGAS PHILIPPINES MANUFACTURING CORPORATION, VS. COURT OF APPEALS (FORMER SPECIAL SEVENTEENTH DIVISION) AND EDUARDO UY.

Ruling

WHEREFORE, premises considered, the Decision of the Regional Trial Court is hereby reversed and set aside and another one entered - 1. Dismissing the complaint for lack of cause of action; 2. Ordering Tecnogas to pay the sum of P2,000.00 per month as reasonable rental from October 4, 1979 until appellee vacates the land; 3. To remove the structures and surrounding walls on the encroached area; 4. Ordering appellee to pay the value of the land occupied by the two-storey building; 5. Ordering appellee to pay the sum of P20,000.00 for and as attorneys fees; 6. Costs against appellee. Acting on the motions for reconsideration of both petitioner and private respondent, respondent Court ordered the deletion of paragraph 4 of the dispositive portion in an Amended Decision dated February 9, 1993, as follows: [4] WHEREFORE, premises considered, our decision of August 28, 1992 is hereby modified deleting paragraph 4 of the dispositive portion of our decision which reads: 4. Ordering appellee to pay the value of the land occupied by the two-storey building. The motion for reconsideration of appellee is hereby DENIED for lack of merit. The foregoing Amended Decision is also challenged in the instant petition. The Facts The facts are not disputed. Respondent Court merely reproduced the factual findings of the trial court, as follows: [5] That plaintiff (herein petitioner) which is a corporation duly organized and existing under and by virtue of Philippine laws is the registered owner of a parcel of land situated in Barrio San Dionisio, Parañaque, Metro Manila known as Lot 4331-A (should be 4531-A) of Lot 4531 of the Cadastral Survey of Parañaque, Metro Manila, covered by Transfer Certificate of Title No. 409316 of the Registry of Deeds of the Province of Rizal; that said land was purchased by plaintiff from Pariz Industries, Inc. in 1970, together with all the buildings and improvements including the wall existing thereon; that the defendant (herein private respondent) is the registered owner of a parcel of land known as Lot No. 4531-B of Lot 4531 of the Cadastral Survey of Parañaque, LRC (GLRO) Rec. No. 19645 covered by Transfer Certificate of Title No. 279838, of the Registry of Deeds for the Province of Rizal; that said land which adjoins plaintiffs land was purchased by defendant from a certain Enrile Antonio also in 1970; that in 1971, defendant purchased another lot also adjoining plaintiffs land from a certain Miguel Rodriguez and the same was registered in defendants name under Transfer Certificate of Title No. 31390, of the Registry of Deeds for the Province of Rizal; that portions of the buildings and wall bought by plaintiff together with the land from Pariz Industries are occupying a portion of defendants adjoining land; that upon learning of the encroachment or occupation by its buildings and wall of a portion of defendants land, plaintiff offered to buy from defendant that particular portion of defendants land occupied by portions o