G.R. NO. 146997 - SPOUSES GODOFREDO & DOMINICA FLANCIA, VS. COURT OF APPEALS & WILLIAM ONG GENATO.

Ruling

Wherefore, premises considered, judgment is hereby rendered. Ordering defendant Oakland Devt. Resources Corporation to pay plaintiffs: the amount of P10,000.00 representing payment for the option to purchase lot; the amount of P140,000.00 representing the first downpayment of the contract price; the amount of P20,520.80 representing five monthly amortizations for February, March, April, May and June 1990; the amount of P3,000.00 representing amortization for November 1990; all plus legal interest from the constitution of the mortgage up to the time the instant case was filed. Ordering said defendant corporation to pay further to plaintiffs the sum of P30,000.00 for moral damages, P10,000.00 for exemplary damages and P20,000.00 for and as reasonable attorneys fees plus cost; Dismissing defendant corporations counterclaim; Dismissing defendant Genatos counterclaim. [5] On motion for reconsideration, the regular presiding judge set aside the judgment of the assisting judge and rendered a new one on November 27, 1996, the decretal portion of which read: WHEREFORE, premises considered, the Motion for Reconsideration is hereby GRANTED. The decision dated August 16, 1996 is hereby set aside and a new one entered in favor of the plaintiffs, declaring the subject mortgage and the foreclosure proceedings held thereunder as null and void insofar as they affect the superior right of the plaintiffs over the subject lot, and ordering as follows: Defendant Oakland Development Resources to pay to plaintiffs the amount of P20,000.00 for litigation-related expenses; Ordering defendant Sheriff Ernesto L. Sula to desist from conducting further proceedings in the extra-judicial foreclosure insofar as they affect the plaintiffs, or, in the event that title has been consolidated in the name of defendant William O. Genato, ordering said defendant to reconvey to plaintiffs the title corresponding to Lot 12, Blk. 3, Phase III-A of Prater Village [Subd. II], located in Old Balara, Quezon City, containing an area of 128.75 square meters; and Dismissing the counterclaims of defendants Oakland and Genato and with costs against them. [6] On appeal, the Court of Appeals issued the assailed order: Wherefore, foregoing premises considered, the appeal having merit in fact and in law is hereby GRANTED and the decision of the Trial Court dated 27 November 1996 hereby SET ASIDE and REVERSED , and its judgment dated August 16, 1996 REINSTATED and AFFIRMED IN TOTO . No Costs. SO ORDERED.