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JurisprudenceA.M. No. MTJ-02-1409

A.M. No. MTJ-02-1409 - ATTY. JOSELITO A. OLIVEROS, COMPLAINANT, VS. JUDGE ROMULO G. CARTECIANO (RET.), MUNICIPAL TRIAL COURT, LOS BAÑOS, LAGUNA.D E C I S I O N - Supreme Court E-Library

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TL;DR — Ruling

WHEREFORE, the above premises considered, and based on the evidence presented, judgment is hereby rendered in favor of plaintiff CUSTER S. OLIVEROS, and as against defendants “ROCKLINE MUSIC LOUNGE AND RESTAURANT, INC.” (“ROCKLINE FINE DINING AND MUSIC LOUNGE, INC.”) and YOLANDA C.

Decision

Ruling

WHEREFORE, the above premises considered, and based on the evidence presented, judgment is hereby rendered in favor of plaintiff CUSTER S. OLIVEROS, and as against defendants ROCKLINE MUSIC LOUNGE AND RESTAURANT, INC. (ROCKLINE FINE DINING AND MUSIC LOUNGE, INC.) and YOLANDA C. CORVERA, and all those claiming rights under them or acting in their behal[f], and ordering: Said defendants ROCKLINE MUSIC LOUNGE AND RESTAURANT, INC. (ROCKLINE FINE DINING AND MUSIC LOUNGE, INC.) and YOLANDA C. CORVERA, and all those claiming rights under them or acting in their behal[f], to vacate the land covered by T.D. Nos. 008-1482 and 008-12496, belonging to said plaintiff and located at Brgy. Maahas, Los Baños, Laguna, and subject of their contract of lease with plaintiff, and to turn over its possession and occupation to plaintiff, upon receipt of a copy of this Judgment; Said defendant corporation and defendant Yolanda C. Corvera, and all persons claiming rights under them, to demolish and remove their building, structure, or construction they have made, erected, or caused to be built on and within the above described property lot of said plaintiff; Said defendant corporation and defendant Yolanda Corvera to jointly and solidarily pay plaintiff damages corresponding to the unpaid monthly rentals for the lease, use, and occupation of plaintiffs subject property, equivalent to P45,000.00 per month, starting May 15, 1999, and continuously until defendants have fully vacated the leased premises and have turned over possession and occupation of the same to plaintiff, together with twelve (12%) per cent interest on the accumulated arrearages per annum, uncompounded; and Said defendants to pay plaintiff the sum of P85,000.00 for and as attorneys fees; and the sum of P1,000.00 as costs of the suit and litigation expenses. The counterclaim interposed by defendant Yolanda C. Corvera to the complaint of plaintiff is hereby ordered dismissed for lack of merit. SO ORDERED.