G.R. No. 147549 - JESUS DELA ROSA AND LUCILA DELA ROSA, VS. SANTIAGO CARLOS AND TEOFILA PACHECO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered declaring the Plaintiffs to be entitled to physical possession of Lot 147-Part particularly described in Tax Declaration No. 97-0297-00342 (Exhibit F) situated at San Roque, Paombong, Bulacan and this Court orders: The Defendants, their heirs, assigns or any other persons claiming any right or interest over the subject parcel of land under or in their names to vacate the same and surrender peaceful possession thereof in favor of the Plaintiffs; The Defendants to pay the Plaintiffs damages limited to the fair rental value for the use and occupation of the premises in the amount of Two Thousand and Five Hundred Pesos (P2,500.00) a month from the date of the discovery of the construction of the improvement (October 1997) until they finally vacate and restore full possession thereof to the Plaintiffs; The award of Twenty Thousand Pesos (P20,000.00) in favor of the Plaintiffs as and by way of attorney's fees and costs; The Defendants' counter-claim is hereby dismissed for lack of merit. SO ORDERED.