G.R. No. 151240 - ANGELINE CATORES, VS. MARY D. AFIDCHAO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is rendered in favor of the plaintiff Mary Afidchao and against defendant Angeline Catores, as follows: Declaring the land in question consisting of about 2,138 sq. meters located at Residence Section J, Sto. Tomas, Barangay Dontogan, Baguio City, occupied by defendant Angeline Catores as part of the land owned by plaintiff Mary Afidchao covered by TCT 27839 and therefore plaintiff has a better right to possess the same as the owner of the land is entitled to the possession hereof as a consequence of her ownership; Declaring that the house, the levellings, plants, trees, fence, garden, riprapping and other improvements of defendant Angeline Catores on the land in question are inside the titled land of plaintiff Mary Afidchao covered by TCT 27839 and therefore defendant must vacate the premises of the land in question and restore possession thereof to plaintiff and remove her house and other structures provided the same can be done without damage to the plaintiff's titled land within 30 days from the time this Judgment becomes final and executory; Ordering defendant Angeline Catores to cease and desist from further disturbing the ownership and possession of plaintiff of the land in question which is part of plaintiff's titled land covered by TCT 27839 described in paragraph 2 of the Complaint. Dismissing the claim for Exemplary damages, Attorney's fees and litigation expenses of plaintiff there being no gross and evident bad faith shown on the part of defendant Angeline Catores; Dismissing the counterclaim of defendant Angeline Catores for Moral damages, Attorney's fees and litigation expenses for lack of merit; and Ordering defendant Angeline Catores to pay the costs of the suit. SO ORDERED.