G.R. No. 168692 - FRANCISCO TAYCO, SUBSTITUTED BY LUCRESIA TAYCO AND NOEL TAYCO, VS. HEIRS OF CONCEPCION TAYCO-FLORES, NAMELY: LUCELI F. DIAZ, RONELE F. BESA, MONELE FLORES, PERLA FLORES, RUPERTO FLORES, WENCESLAO FLORES, PURISIMA FLORES, AND FELIPE FLORES. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds that the preponderance of evidence tilts in favor of the plaintiff and judgment is hereby rendered: a) Declaring the document entitled, Extrajudicial Settlement of the Estate of the Deceased Diega Regalado with Confirmation of Sale of Shares (Annex A, Complaint), and the document entitled Confirmation of Quitclaim of Shares in Three (3) Parcels of Land (Annex B, Complaint), as null and void; b) Declaring the three (3) parcels of land subject of the above documents to be co-owned by the plaintiff (½ share) and defendants (½ share); c) Ordering the parties to submit to the court a Project of Partition indicating the specific portion allotted to them within 30 days from receipt of this decision; in case of disagreement, the Court shall order the sale of all the three (3) parcels with the proceeds to be divided equally between plaintiff on the one hand and the defendants on the other; d) Ordering the defendants to pay the plaintiff the sum of P10,000.00 representing litigation expenses, and P5,000.00 as attorney's fees, plus cost. e) The claim for moral and exemplary damages are hereby denied. SO ORDERED.