G.R. No. 191359 - LUCILA PURIFICACION,*, VS. CHARLES T. GOBING AND ATTY. JAIME VILLANUEVA.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, Judgment is hereby rendered: 1. Finding the instant action devoid of merit for lack of sufficient factual basis and already barred by the Statute of Limitations having been commenced way beyond the three-year prescriptive period under Section 38, R.A. 3844, as amended. Accordingly, the instant complaint is hereby ordered DISMISSED. 2. Finding Complainant's occupancy of the premises identified as Lot 13, Blk. 1 unwarranted, wherefore, ordering said party and any/all person/s acting [under] her authority to vacate the same and relinquish its peaceful possession and enjoyment in favor of Defendant Charles T. Gobing, for the previous landowners Elmer Virgil, Jr., Francis Andrew, Min-O Jeno, and Paul Patrick, all surnamed Villanueva, represented by herein Defendant Atty. Jaime Villanueva in accordance with the Malayang Salaysay dated July 01, 1993 executed by Complainant and her now deceased spouse Jacinto Purificacion; Consequently, 3. Ordering Complainant and any/all person/s acting under her authority to remove any/all such improvements and/or structures they might have introduced or constructed on the premises in question at their own expense; Except, if/when Complainant shall choose to move over to or re-settle in the vacant lot contiguous to and adjoining the rear end portion of Goldlane Subdivision outside its perimeter fence near the Creek, in which case, ... the Defendants shall jointly and severally extend/render such reasonable material assistance to said Party as shall be necessary in relocating her and her farm family. No pronouncement as to damages, attorney's fees and cost of suit for failure of suitors to prove the same. SO ORDERED.