G.R. NO. 131408 - VICENTE L. GO, VS. PURA V. KALAW, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against the defendant as follows: Declaring and holding the contract to sell, Exh. A and Exh. 1, as rescinded and consequently, plaintiff is hereby directed to turn over and surrender the premises covered by said contract to defendant, and simultaneously with such turnover, defendant is ordered as follows: To refund and pay plaintiff the sum of P327,600.00 representing the initial payment of 50% of the purchase price of the condominium unit purchased by plaintiff with interest at the rate of 1% per month from July 30, 1980, the date of execution of the contract to sell until said amount is fully paid as provided for in the Contract to Sell; To pay plaintiff the sum of P1,000,000.00 as actual or compensatory damages suffered by plaintiff for the loss of the condominium unit he purchased; To pay plaintiff the sum of P1,000,000.00 as moral damages for his sufferings, embarrassment, and the mental anguish he suffered brought about or as a result of the Contract to Sell he executed with the defendant, resulting to the filing of an ejectment suit against him, for the threats and harassment contained in the letters of the defendant's lawyer and his fear of losing his shoes and bags business; To pay the sum of P50,000.00 as exemplary damages; To pay the sum of P30,000.00 for and as attorney's fees; To pay the cost of litigation. The injunction previously issued by this Court is ordered made permanent. The counterclaim is ordered dismissed. SO ORDERED.