G.R. No. 234203 - THE HEIRS OF LORETO SAN JOSE FERRER, NAMELY, ROBERTO B. FERRER, MELCHOR B. FERRER, ARTURO B. FERRER, MARIA ANGELITA B. FERRER, CHARITO B. FERRER, AND OWEN BRIAN B. FERRER, VS. ROSITA SAN JOSE FERRER.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, PREMISES CONSIDERED , judgment is hereby rendered in favor of plaintiff and unwilling co-plaintiffs and against the defendants, to wit: a) Defendant Rosita San Jose Ferrer is hereby ordered to render a complete accounting of all income, fruits and benefits, disbursements or expenses on the said real properties, including the improvements thereon from 1983 to the present; b) To deliver to the plaintiff Loreto San Jose Ferrer and to the heirs of Alfredo San Jose Ferrer their due shares from all the income, fruits and benefits from the subject real properties; c) The three (3) Deeds of Conveyance executed by Enrica San Jose vda de Ferrer in favor of Rosita San Jose Ferrer is ( sic ) hereby declared null and void; d) Consequently, Transfer Certificate of Title No. 168142, Book 839 Page 142 of the Registry of Deeds of Makati City; Transfer Certificate of Title No. 130709, Book 625 page 9 of the Registry of Deeds of Pasay City; and Transfer Certificate of Titles (sic) No. 224957-ind., Book T-1391, Page 157 and Transfer Certificate of Title No. 224958, Book T-1391, Page 138 of the Registry of Deeds of Manila are hereby cancelled; e) The Register of Deeds of Makati City, Pasay City and Manila is ( sic ) hereby ordered to cancel the titles above-mentioned and reinstate it ( sic ) to their prior titles; f) The restored properties of Defendant Enrica San Jose vda de Ferrer be partitioned among her legal heirs, namely Loreto San Jose Ferrer, Rosita San Jose Ferrer and the heirs of the late Alfredo San Jose Ferrer in accordance to ( sic ) Intestate Succession Law or by agreement of the parties; g) Defendant Rosita San Jose Ferrer is hereby ordered to pay plaintiff Loreto San Jose Ferrer the amount of P1,000,000.00 for actual and compensatory damages, the amount of P150,000.00 for moral damages; the amount of P200,000.00 for exemplary damages; the amount of P100,000.00 for attorney's fees; h) Defendant Rosita San Jose Ferrer is hereby ordered to pay unwilling co-plaintiffs the amount of P250,000.00 for moral damages and the amount of P100,000.00 for attorney's fees. SO ORDERED.