G.R. No. 102833 - LOLITA AMIGO AND ESTELITA VDA. DE SALINAS, VS. THE HONORABLE COURT OF APPEALS, HONORABLE AUGUSTO V. BREVA, AS JUDGE, RTC OF DAVAO, BRANCH X, THE

Ruling

WHEREFORE, in view of the foregoing, judgment is hereby rendered in favor of the plaintiff: "UNDER THE FIRST CA USE OF ACTION "1. Ordering the defendants to vacate the portions of land occupied by them as appearing in the Commissioners Report (Exhibits C and D) and to deliver the same to the plaintiff; and "2. To pay the.plaintiff the amount of THIRTY (P30. 00) PESOS each per month for the use of plaintiffs land, to be reckoned from the date of judicial demand on July 22, 1977 until defendants shall have vacated the premises in question. "UNDER THE SECOND CA USE OF ACTION "1. The defendants are hereby ordered to demolish the portions of their houses constructed on the road widening of Leon Garcia Street which constitute a nuisance per se; "2. To pay plaintiff the amount of TWO THOUSAND (P2,000.00) PESOS for and as attorneys fees; and "3. To pay costs. "All other claims and counterclaims are hereby DISMISSED. "SO ORDERED.