G.R. No. 118462 - SPS. LEOPOLDO GARRIDO AND LUZ GARRIDO, VS. COURT OF APPEALS, LOLITA SANCHEZ, ERLINDA AQUINO AND EMILIA MARQUEDA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court hereby renders judgment as follows: 31.1. The AMENDED COMPLAINT dated July 23, 1985 is DISMISSED; 31.2. The writ of preliminary injunction issued per the Order dated November 12, 1984 is LIFTED and DISSOLVED. 31.3 The Counterclaim for actual, moral and exemplary damages is DISMISSED. 31.4. The plaintiffs are ordered to pay, jointly and severally, to the defendants, TEN THOUSAND PESOS (P10,000.00) as attorney's fees. 31.5. The prayer in the "MOTION..." dated November 15, 1985 that the defendants be ordered to pay damages to the plaintiffs is DENIED. 31.6 Cost is taxed against the plaintiffs. 32. In chambers, Makati, Metro Manila, March 5, 1992. [4] The respondent lessees then appealed the decision of the trial court to the Court of Appeals. On December 21, 1994, the appellate court rendered a Decision in favor of the respondent lessees, the dispositive portion of which states: "WHEREFORE, the judgment appealed from is hereby modified. The dismissal of the complaint as far as Santiago Espeno and Edgardo Nicolas are concerned is hereby affirmed, but reversed with respect to the other plaintiffs. Thus, a new one is rendered as follows: The deed of sale dated August 2, 1984 together with TCT No. 133528 is partially annulled with respect to the area occupied by the other plaintiffs, namely, Lolita Sanchez, Erlinda Aquino and Emilia Marqueda, who should be allowed to purchase the area leased to them to be executed in the following manners to wit: Conformably with the Urban Land Reform Law above-cited, the Urban Zone Expropriation and Land Management Committee is hereby directed to determine the reasonable price and the terms and conditions of the sale of subject property by defendant Regina Jimenez to the plaintiffs within thirty (30) days from the time this decision become final, furnishing the parties with copies thereof. The plaintiffs are granted a period of thirty (30) days from receipt thereof within which to exercise the right of first refusal in accordance with the terms and conditions fixed by the Urban Zone Expropriation and Land Management Committee. Should plaintiffs agree thereto, defendant Regina Jimenez is directed to execute within fifteen (15) days from receipt of plaintiffs' decision in accordance with the terms and conditions above-stated within which to issue the corresponding deeds of sale of subject property and to deliver all other papers necessary therefrom. The expenses for the sale shall be shared proportionately by the parties. Should plaintiffs refuse to exercise the right of pre-emption, they are directed to pay rentals in arrears at the usual monthly rate agreed upon before the filing of the complaint and to vacate the subject property within fifteen (15) days subject to reimbursement for improvements in accordance with Article 1678 of the New Civil Code. The award of attorney's fees is hereby DELETED. No pronouncement as to costs. SO ORDERED.