G.R. No. 104223* - TIBURCIO SAMONTE, VS. COURT OF APPEALS, EUGENIA DANGO GADIANO, TEOFILO GADIANO, PETRONILO DANGO, FELICIANA DANGO, NONILO MARAVE AND GERONIMO DANGO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the court a quo jointly tried the two cases. After due trial, the trial court rendered separate decisions, both in favor of the plaintiffs therein. The dispositive portion particularly of the decision in Civil Case No. 1816 reads: Civil Case No. 1816 IN VIEW OF THE FOREGOING, judgment is hereby rendered in favor of the plaintiffs and against the defendants: a) declaring plaintiffs co-owners of the entire of (sic) Lot 216 being the surviving heirs of Apolonia Abao and Irenea Tolero; b) directing the reinstatement of Original Certificate of Title No. RO-238(555); c) directing the cancellation of Transfer Certificate of Title No. RT-476 and all subsequent certificates of title derived therefrom which are all declared null and void; d) declaring the subdivision survey of Lot 216 null and void and ineffectual; e) directing the defendants to vacate the premises of Lot 216 and to remove all their improvements therefrom as they are builders in bad faith; f) directing defendants Jadol and Samonte to pay jointly and severally the plaintiffs the sum of P20,000.00 for the use and occupation of the land; g) directing defendants Jadol and Samonte to pay P5,000.00 as attorney's fees; h) ordering the dismissal of the counterclaims of defendants; and i) directing the defendants Jadol and Samonte to pay the costs. SO ORDERED.