G.R. No. 198636 - ESPERANZA C. CARINAN, VS. SPOUSES GAVINO CUETO AND CARMELITA CUETO.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE , it is respectfully prayed that after due hearing, judgment be rendered for the plaintiffs, ordering defendants to execute a Deed of Sale conveying the subject property in favor of plaintiffs or in the alternative pay the sum of One Million Three Hundred Thousand Six Hundred Eighty Pesos and 37/100 (P1,300,680.37), with interest at the legal rate, until fully paid; and to pay: 1) Moral damages in the amount of Three Hundred Thousand Pesos (P300,000.00); 2) Exemplary damages of One Hundred Thousand Pesos (P100,000.00); 3) Attorneys fees of One Hundred Thousand Pesos [(]P100,000.00[)], plus Three Thousand Pesos (P3,000.00) every hearing day; and 4) Costs. Other equitable reliefs are likewise prayed for. [10] Esperanza and Jazer disputed these claims. They argued that there was neither a written or verbal agreement for the transfer of the disputed property to the respondents names, nor a promise for the repayment of the amounts that were paid by the respondents. Esperanza believed that Gavino paid her outstanding balance with the GSIS out of sheer generosity and pity upon her. She denied having borrowed the respondents money because given her financial standing, she knew that she could not afford to pay it back. Furthermore, to require her to execute a deed of sale for the propertys full conveyance would totally disregard the payments that she personally made for the purchase. Finally, Esperanza questioned Jazers inclusion as a party to the case, claiming that he had no personal knowledge nor was he privy to any negotiation with the respondents. On December 15, 2009, the RTC of Biñan, Laguna, Branch 25 rendered its Decision [11] with dispositive portion that reads: WHEREFORE, premises considered, judgment is hereby rendered in favor of [the respondents] ordering [Esperanza and Jazer] to pay the following: the amount of NINE HUNDRED TWENTY[-]SEVEN THOUSAND ONE HUNDRED EIGHTY[-]TWO PESOS AND 12/100 (P927,182.12) representing the amount of P 785,680.37 [paid] by the [respondents] to the GSIS; and P 141,501.75 consisting of the expenses in transferring the title to the name [of Esperanza and Jazer] plus the cost of improvements introduced on the property, with legal interest from the time of demand until fully paid; the amount of P 100,000.00 as attorneys fees. SO ORDERED.