G.R. NO. 155208 - NENA LAZALITA* TATING, VS. FELICIDAD TATING MARCELLA, REPRESENTED BY SALVADOR MARCELLA, CARLOS TATING, AND THE COURT OF APPEALS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, judgment is hereby rendered in favor of the plaintiffs and against the defendant, and hereby declaring the document of sale dated October 14, 1969 (Exh. "Q") executed between Daniela Solano Vda. de Tating and Nena Lazalita Tating as NULL and VOID and further ordering: The Register of Deeds of Cadiz City to cancel TCT No. 5975 and in lieu thereof to issue a new title in the names of Carlos Tating, Pro-indiviso owner of one-fourth (¼) portion of the property; Felicidad Tating Marcella, Pro-indiviso owner of one-fourth (¼) portion; Julio Tating, Pro-indiviso owner of one-fourth (¼) portion and Nena Lazalita Tating, Pro-indiviso owner of one-fourth (¼) portion, all of lot 56 after payment of the prescribed fees; The City Assessor of the City of Cadiz to cancel Tax Declaration No. 143-00672 and in lieu thereof issue a new Tax Declaration in the names of Carlos Tating, ¼ Pro-indiviso portion; Felicidad Tating Marcella, ¼ Pro-indiviso portion; Julio Tating, ¼ Pro-indiviso portion; and Nena Lazalita Tating, ¼ Pro-indiviso portion, all of lot 56 as well as the house standing thereon be likewise declared in the names of the persons mentioned in the same proportions as above-stated after payment of the prescribed fees; The defendant is furthermore ordered to pay plaintiffs the sum of P20,000.00 by way of moral damages, P10,000.00 by way of exemplary damages, P5,000.00 by way of attorney's fees and P3,000.00 by way of litigation expenses; and to Pay the costs of suit. SO ORDERED.