A.M. No. P-07-2356 - VIRGINIA L. APRIETO, COMPLAINANT, VS. NOEL C. LINDO, SHERIFF IV, REGIONAL TRIAL COURT, BRANCH 83, QUEZON CITY. DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of plaintiffs Virginia L. Aprieto, Alejandro Aprieto, Susan Aprieto and Diana Aprieto and against defendant-spouses Felix Mindajao and Juanita Bala[c]uit and Pelagia Sabarillo ordering the latter and all persons claiming rights under them to vacate the premises occupied by them on Lot 6 of the subdivision plan (LRC) Psd-46690 covered by Transfer Certificate of Title No. 129492 located in Pasong Tamo, Quezon City and to surrender the possession thereof to the plaintiffs. Defendants are likewise hereby ordered to remove or demolish the houses they constructed on the property of plaintiffs within fifteen (15) days from finality of this decision, otherwise, plaintiffs are hereby authorized to demolish said houses and whatever structures existing thereon at the expense of the defendants. Defendants-spouses Felix Mindajao and Juanita Balacuit and defendant Pelagia Sabarillo are hereby further ordered to each pay the plaintiffs One Thousand Pesos (P1,000.00) per month as reasonable compensation for the use and occupation of the premises in question starting August 6, 2002 and every month thereafter until they vacate the premises in question and deliver the possession thereof to the plaintiffs. The claims of the plaintiffs for moral and exemplary damages are hereby denied for being necessary consequences of litigation. Defendants' counterclaim is hereby dismissed for lack of merit. SO ORDERED.