G.R. No. 137845 - ANGEL CLEMENO, JR., MALYN CLEMENO, AND NILUS SACRAMENTO, VS. ROMEO R. LOBREGAT.

Ruling

WHEREFORE, it is most respectfully prayed that after due hearing, a decision in favor of plaintiff be rendered, ordering Defendant (a) And all other persons claiming under him to vacate the premises located at 86 Madaling Araw St., Teresa Heights Subdivision, Novaliches, Quezon City; (b) To pay plaintiff a balance of P 64,349.14 for the use and occupancy of the premises until May 31, 1993, and at the rate of P 3,628.80 a month from June 1, 1993 until the premises shall have been finally vacated; (c) To pay P 50,000.00 plus P 2,000.00 per appearance as and for attorneys fees; and (d) To pay the costs of suit. Plaintiff further prays for such other relief reasonable and conscionable in the premises. [28] The Evidence for the Petitioners Petitioner Clemeno, Jr. and the respondent were townmates. Sometime in June 1987, petitioner Clemeno, Jr. agreed to sell the property for P 270,000.00 payable in three (3) installments: (a) P 90,000.00 upon the respondents taking possession of the property; (b) P 90,000.00 payable within six (6) months thereafter; and (c) P 90,000.00 not later than June 1, 1988. The respondent assured petitioner Clemeno, Jr. that there would be nothing to worry about the documentation of the sale; being a lawyer, he would take care of everything. However, the respondent failed to pay the balance of the purchase price of the property in the amount of P 156,970.04 despite promises to do so. On September 16, 1989, petitioner Clemeno, Jr. went to the respondents house to talk to him anew, but the latter was nowhere to be found. He made a typewritten letter to the respondent, stating that the latter had been given more than enough time to exercise the option to buy the property but failed to do so; hence, the offer was deemed cancelled. The petitioner left the letter with the respondents daughter, Michelle Lobregat. The trial court rendered judgment in favor of the petitioners, as follows: Accordingly, therefore, the Court hereby renders judgment in favor of Angel Clemeno, [Jr.] as against Romeo Lobregat and orders the latter and other persons claiming under him to: Vacate the premises located at No. 86 Madaling Araw Street, Teresa Heights Subdivision, Novaliches, Quezon City; Pay Angel Clemeno, Jr. the amount of P 64,349.14 for the use and occupancy of the premises until May 31, 1993 and at the rate of P 3,628.80 a month from June 1, 1993 until the premises have been finally vacated; Pay the amount of P 50,000.00 as attorneys fees and other legal expenses, and To pay the costs of suit. IT IS SO ORDERED.