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JurisprudenceG.R. No. 242074 -

G.R. No. 242074 - ROBERTO L. YUPANGCO AND REGINA Y. DE OCAMPO, VS. O.J. DEVELOPMENT AND TRADING CORPORATION, OSCAR JESENA, AND MARIOCA REALTY, INC..

Cited Laws

RA 8183,
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TL;DR — Ruling

WHEREFORE , premises considered, the instant Complaint is DISMISSED for want of cause of action. The preliminary attachment and/ or garnishment of the properties remaining (sic) covered by the writ of attachment/ garnishment is hereby ordered LIFTED. Taking into perspective that the instant case dragged on for years, this Court deems it proper and equitable to award attorney's fees in favor of Oscar Jesena and O.J.

Decision

Ruling

WHEREFORE , premises considered, the instant Complaint is DISMISSED for want of cause of action. The preliminary attachment and/ or garnishment of the properties remaining (sic) covered by the writ of attachment/ garnishment is hereby ordered LIFTED. Taking into perspective that the instant case dragged on for years, this Court deems it proper and equitable to award attorney's fees in favor of Oscar Jesena and O.J. Development. Moreover, since this case instituted by the plaintiffs against the defendant is found to be baseless, and further considering the social standing of defendant Oscar Jesena, the Court deems the award of moral damages in the amount of One Million (Php 1,000,000.00) Pesos is justified. Plaintiff is further ordered to pay the defendants the sum of Three Hundred Thousand (Php 300,000.00) Pesos as attorneys fees plus the costs of suit. SO ORDERED.