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JurisprudenceG.R. NO. 135092 -

PUROK BAGONG SILANG ASSOCIATION, INC., VS. HON. EVANGELINE S. YUIPCO, IN HER CAPACITY AS PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 29, SURIGAO CITY, LYDIA KAIMO, VICTORIA KAIMO, NOEMI KAIMO, CARLOS KAIMO, HENEDINA KAIMO-BRINGAS, ROGELIO KAIMO, VENECIO KAIMO, FLORIDA KAIMO-CLEREGO, DEGRACIA KAIMO

Cited Laws

RA 334,RA 81,RA 560,RA 7279RA 849,RA 77,
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TL;DR — Ruling

WHEREFORE, judgment is hereby rendered in favor of plaintiffs and against the defendants, and the Court hereby condemns and orders: (1). The defendants, as well as their agents, representatives and [assignees-in-interest], to vacate immediately from the parcels of land in question, and to restore the peaceful possession thereof to the plaintiffs; (2). The defendants to pay plaintiffs in solidum P15,000.00 as reimbursement of litigation expenses and another sum of P10,000.

Decision

Ruling

WHEREFORE, judgment is hereby rendered in favor of plaintiffs and against the defendants, and the Court hereby condemns and orders: (1). The defendants, as well as their agents, representatives and [assignees-in-interest], to vacate immediately from the parcels of land in question, and to restore the peaceful possession thereof to the plaintiffs; (2). The defendants to pay plaintiffs in solidum P15,000.00 as reimbursement of litigation expenses and another sum of P10,000.00 as reimbursement for attorney's fees, as well as moral damages in the sum of P30,000.00; (3). Defendants Eduardo Cuizon, Dionie Gersano, Emel Jamero, Eladia Marapao, Manuel Mustajo, Victor Tubal, Carlos Ausa and Ruben Babatayon (each of them) to pay plaintiffs monthly rental of P10.00 from January 1979 until they shall vacate and turn over the area in question to the plaintiffs. In the execution of the judgment herein by ousting the defendants from the parcels of land in question, the plaintiffs shall and must relocate the above three (3) parcels of land by a license ( sic ) geodetic engineer so that only those defendants who are found occupying and within the area of the three (3) parcels of land in question as relocated shall be ordered ousted therefrom and the defendants or those who are found to be occupying portions outside the boundaries of the above-described parcels of land should not be molested. Consequently, the defendants' counterclaim is, as it is, hereby DISMISSED, with costs against them. SO ORDERED.