BENIGNO M. PUNO, JOSE CABACABA, NORA GONZALES, RICARDO CORTEZ, ELIZARDO PUNO, LARSEN TABBAR AND ANTONIO MIRABUENO, VS. THE COURT OF APPEALS, FORMER SPECIAL TWELFTH DIVISION, HON. BENJAMIN AG. VEGA, JUDGE, RTC OF MANILA, ATTY. RENAN V. SANTOS, AS LIQUIDATOR, CENTRAL BANK OF THE PHILIPPINES, PHILIPPIN

Ruling

WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against the defendant: a.) Ordering the reformation of Exhibit "D" by deleting or changing its paragraph 3, page 6 thereof, so as to read as follows: x x x b.) [C]ondemning the defendant to pay the plaintiff the amount of P221,000.00 , with legal interest, representing actual damages suffered by the plaintiff on account of the forfeiture of the same amount by Majait Construction which plaintiff paid to the latter as evidenced by Exhibit "N", "N-1", "N-2", & "N-3"; c.) [D]irecting the defendant to pay the plaintiff the amount of P2,500.00 a day equivalent to twenty-five (25%) per cent of P10,000.00 representing loss of income or profit to the plaintiff starting April 1, 1984, up to the time the latter shall have been physically placed or restored to the peaceful and adequate enjoyment and possession of the unfinished marked building complex included in the lease; d.) [E]njoining the defendant from selling, transferring, or conveying (except in favor of plaintiff or her assign) the leased premises to Jaime T. Toledaña or to any third person during the existence or duration of the lease; e.) [A]nd, ordering the defendant to pay the costs of this suit. SO ORDERED.