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JurisprudenceG.R. NO. 119107 -

G.R. NO. 119107 - JOSE V. LAGON, VS. HONORABLE COURT OF APPEALS AND MENANDRO V. LAPUZ.

Cited Laws

RA 65RA 593
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Decision

Ruling

ACCORDINGLY, judgment is hereby rendered in favor of the plaintiff: Declaring the Contract of Lease executed by Bai Tonina Sepi Mangelen Guiabar in favor of the plaintiff on November 6, 1974 (Exh. A and A-1) over Lot No. 6395, Pls-73. Lot No 6396. Pls.-73. Lot No. 6399. 3ls-73, and Lot no.9777-A. CSD-11-000076-D (Lot No. 3-A. 40124), all situated along Ledesma St., Tacurong, Sultan Kudarat, which document was notarized by Atty. Benjamin S. Fajardo, Sr. and entered into his notarial register as Doc. No. 619. Page No. 24. Book No. II. Series of 1974, to be authentic and genuine and as such valid and binding for a period of ten (10) years specified thereon from November 1, 1974 up to October 31, 1984; Declaring the plaintiff as the lawful owner of the commercial buildings found on the aforesaid lots and he is entitled to their possession and the collection (of rentals) of the said commercial buildings within the period covered by this Contract of Lease in his favor; Ordering the defendant to pay to the plaintiff the following: a) Rentals of the commercial buildings on the lots covered by the Contract of Lease in favor of the plaintiff for the period from October 1, 1978 up to October 31, 1984, including accrued interests in the total amount of Five Hundred Six Thousand Eight Hundred Five Pesos and Fifty Six Centavos (P506, 850.56), the same to continue to bear interest at the legal rate of 12% per annum until the whole amount is fully paid by the defendant to the plaintiff; b) Moral damages in the amount of One Million Sixty Two Thousand Five Hundred Pesos (P1,062,500.00); c) Actual or compensatory damages in the amount of Three Hundred Twelve Thousand Five Hundred Pesos (P312, 500.00); d) Exemplary or corrective damages in the amount of One Hundred Eighty Thousand Five Hundred Pesos (P187,500.00) e) Temperate or moderate damages in the amount of Sixty Two Thousand Five Hundred Pesos (P62,500.00); f) Nominal damages in the amount of Sixty Two Thousand Five Hundred Pesos (P62,500.00); g) Attorneys fees in the amount of One Hundred Twenty Five Thousand Pesos (P125,000.00); h) Expenses of litigation in the amount of Sixty Two Thousand Five Hundred Pesos (P62,500.00); i) Interest on the moral damages, actual or compensatory damages temperate or moderate damages, nominal damages, attorneys fees and expenses of litigation in the amounts as specified hereinabove from May 24, 1982 up to June 27, 1986, in the total amount of Nine Hundred Thousand Pesos (P900,000.00); all of which will continue to bear interests at a legal rate of 12% per annum until the whole amounts are fully paid by the defendants to the plaintiffs; For failure of the defendant to deposit with this Court all the rentals he had collected from the thirteen (13) tenants or occupants of the commercial buildings in question, the plaintiff is hereby restored to the possession of his commercial buildings for a period of seventy-three (73) months which is the equivalent of the total pe