G.R. No. 96999 - CARLOS O. YSMAEL, VS. COURT OF APPEALS (FORMER

Ruling

WHEREFORE, it is respectfully prayed that judgment be rendered in favor of complainant and against the respondents: 1. to order respondents to deliver the titles of the two (2) parcels of land to complainant; 2. to pay to complainant moral damages in the sum of P100,000.00 plus exemplary damages in the amount within the discretion of the Honorable Commission; 3. to pay to complainant attorneys fees of P25,000.00 and costs. OTHER AND FURTHER SANCTIONS AND RELIEFS, just and equitable, are herein prayed for. [1] Petitioner failed to file his answer within the reglementary period. He also failed to attend the scheduled hearings despite notification. Consequently, private respondent Jamlang filed a motion to declare petitioner in default which was granted in an Order dated 29 May 1987. [2] On 17 June 1987, the HLURB received evidence ex parte and on 19 August 1987, rendered its Decision, the dispositive portion of which reads: WHEREFORE, judgment is hereby rendered ordering respondents Carmel Corporation and Carlos Ysmael, within thirty (30) days from finality of this decision, to deliver to complainant the title of Lots No. 1 and 3, Block No. 1, Carmel Subdivision V-A, Tandang Sora District, Quezon City free from all liens and encumbrances, and to pay complainant the amount of P3,000.00 as administrative fine for violation of Section 25 in relation to Section 38 of P.D. 957. Failure to comply with this decision will constrain this Board to forward the records of this case to the Task Force on Subdivision, Department of Justice for the filing of appropriate criminal action, against the responsible officers of respondent corporation. IT IS SO ORDERED.