G.R. No. 140473 - MELBA MONCAL ENRIQUEZ, VS. HON. COURT OF APPEALS AND VICTORINA TIGLE.RESOLUTION - Supreme Court E-Library

Ruling

ACCORDINGLY, in the light of the foregoing considerations, this Court hereby renders judgment in favor of the plaintiff to be in physical, actual, and prior possession of the parcel of land described in Paragraph 3 of the Complaint unlawfully occupied by defendant MELBA MONCAL ENRIQUEZ, and plaintiff is entitled to the reliefs prayed for in the Complaint as follows: Declaring plaintiff VICTORINA TIGLE to be in actual, physical and prior possession of the premises of the parcel of land mentioned in Paragraph 3 of the Complaint consisting of ONE HUNDRED SEVENTY NINE (179) square meters, more or less, or SUB-LOT NO. 2-A, of LOT NO. 2, mentioned in Par. 5, Page 2 of EXH. B; Ordering defendant MELBA MONCAL ENRIQUEZ, her agents, representatives, and all other persons acting in her behalf to immediately vacate the premises of the parcel of land mentioned in Par. 5, Page 2, EXH. B, otherwise known as SUB-LOT NO. 2-A of LOT NO. 2; To remove and/or demolish all workings, constructions and improvements illegally built and/or constructed in the parcel of land mentioned in Par. 5, Page 2, of EXH. B, otherwise known as SUB-LOT NO. 2-A of LOT NO.2; Ordering defendant MELBA MONCAL ENRIQUEZ to pay to plaintiff the sum of P3,000.00 by way of litigation expenses; Ordering the defendant MELBA MONCAL ENRIQUEZ to pay to plaintiff the sum of P10,000.00 by way of attorneys fees; However, for failure to allege and pray for reasonable compensation and fair rental value for the use and occupation of the premises of the parcel of land mentioned in land mentioned in Par. 5, Page 2, of EXH. B, known as SUB-LOT NO. 2-A of LOT NO.2, the same is deemed waived; On the other hand, moral and exemplary damages are not allowed in ejectment cases; Any allegations by way of Counterclaim are dismissed for lack of sufficient basis. SO ORDERED.