G.R. No. 156439 - CLEMENCIA P. CALARA, ET AL., VS. TERESITA FRANCISCO, ET AL..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the above premises considered, and on a finding that plaintiff and her children have been unlawfully deprived of possession of the subject lot they own, judgment is hereby rendered in favor of plaintiff CLEMENCIA F. CALARA, and her children. CONCEPCION, ELENITA, ISIDRO, CARLOSA, BERNARDO", DORIS CLADIOLOSA and LOPCHAL, all surnamed CALARA, and as against defendants TERESITA FRANCISCO and JESUS FRANCISCO, and ordering. Said defendants TERESITA FRANCISCO and JESUS FRANCISCO and all those acting in their behalves, or claiming rights under them, to completely vacate the parcel of residential lot identified as Lot No. 4-A-4-9-20-D-5-A, containing 278 square meters, more or less, covered by Transfer Certificate of Tide No. T-52242. registered in the name of plaintiffs, and which lot is identified as Lot 23 in the original subdivision plan of LOPHCAL (CALARA) SUBDIVISION, located at Brgy. Anos, Los Banos, Laguna, and forthwith to turn over and surrender possession of the same to said plaintiff and her children; Said defendants, and all persons claiming rights under them, to remove and demolish any and all houses, structures erected, built, or constructed by them, or existing, over the said described property, without right of reimbursement, forthwith upon receipt of a copy of this Judgment; Said defendants to jointly and severally pay said plaintiffs) damages representing the reasonable rental compensation or value for the use and occupancy of the lot belonging to plaintiffs and children, in the total sum of P188,771.28 corresponding to the period from April 1, 1979 up to October 31, 1999 and the sum of P1,800.00 a month, corresponding to reasonable rental thenceforth with twenty 20% percent increase per annum, up to and until said defendants fully vacate the property of the plaintiffs, with all accrued and unpaid amounts to bear interest at 6% from date of first demand and/or date when they had/should have first accrued and until fully paid; Said defendants to pay said plaintiffs the sum of P60,000.00, for and as attorney's fee: Said defendants to pay plaintiffs the sum of P10,000.00 representing litigation costs. The counterclaims interposed by defendants against plaintiffs is hereby ordered dismissed for lack of merit. SO ORDERED.