G.R. No. 146513 - LUCIA G. MIRANDA, VS. ESPERANZA B. BESA.

Ruling

WHEREFORE, it is most respectfully prayed of this Hon. Court that pendente lite , a Writ of Preliminary Mandatory Injunction be issued placing plaintiff in possession of the property by ousting the defendant [petitioner] and/or her agents or any person occupying the same in her names/behalfs and/or by virtue of any authority by her, and that plaintiff [respondent] is more than willing to comply to ( sic ) any condition that this Hon. Court may impose or put up a bond for granting of Preliminary Mandatory Injunction, and which plaintiff hereby prays to be fixed. After trial, judgment be issued making permanent the Writ of Preliminary Mandatory Injunction issued; After trial, ordering the defendant [petitioner], her agents, successors-in-interest, members of her family or any person allowed by her access to the property to vacate the premises, remove their respective houses/improvements thereon and to restore possession thereof to plaintiff [respondent]; Ordering the defendant [petitioner] to pay P 200.00 per month from the unlawful detention until possession is fully restored to the plaintiff [respondent]; Ordering the defendant [petitioner] to pay the amount of P 25,000.00 as attorneys fees, P 10,000.00 as acceptance fees, plus P 1,000.00 per hearing, P 5,000.00 as cost for the preparation of the complaint and this is only for the case before the Municipal Trial Court and if an appeal is taken to the Regional Trial Court, a different fees ( sic ) will be stipulated upon, and an additional amount of P 20,000.00 as litigation expenses; And granting such other reliefs and remedies just and equitable in the premises. [11] In her answer to the complaint, the petitioner alleged that the property was conveyed to her parents, the Spouses Miranda, by Macaria Capuno on March 31, 1953; she and her six siblings were born on the said property and had been residing thereat since their births. The petitioner appended a copy of the deed of sale executed by Macaria Capuno in favor of her deceased parents, the Spouses Miranda. [12] On October 23, 1998, the court a quo rendered judgment in favor of the respondent and against the petitioner. The decretal portion of the decision reads: WHEREFORE, judgment is hereby rendered: Ordering the defendant [petitioner], her agents, successors-in-interest and members of her family or any persons allowed by her access to the property to vacate the premises and improvements thereof and restore possession thereof to the plaintiff [respondent]; Ordering the defendant [petitioner] to pay P 200.00 per month from the unlawful detention until possession is fully restored to plaintiff [respondent]. Ordering the defendant [petitioner] to pay the amount of P 5,000.00 as attorneys fees plus P 1,000.00 per hearing; Ordering the defendant [petitioner] to pay the cost of this suit. [13] The petitioner appealed to the RTC which rendered judgment affirming the decision of the court a quo . [14] The petitioner filed a petition for review with