G.R. NO. 143254 - JUSTINA COSIPE SIGAYA, ROMEO, FELY, TOMAS, BERNARDO, LEDA, ANASTACIO, ERLINDA, ROSA, TERESITA, EDWIN AND HELEN, ALL SURNAMED SIGAYA, VS. DIOMER MAYUGA, JOSE VIVA AND ROSELA VIVA, HONORATO DE LOS SANTOS AND RENATO DISTOR.

Ruling

WHEREFORE, judgment is hereby rendered as follows: Declaring the defendants Geomer (sic) Mayuga as the real and absolute owner of the portion of land, containing an area of Six Thousand Six Hundred Ninety Four (6,694) square meters, more [or] less, portion of Lot No. 3603, Dao Cadastre and subject matter in Civil Case No. 5325 indicated in the Commissioner's Report (Exh."4") as Exh. "4-B"; Declaring the defendant Honorato de los Santos as the absolute owner of the portion of land containing an area of Six Thousand Six Hundred Ninety Five (6,695) square meters more or less, portion of lot No. 3603 Dao Cadastre, and subject matter in Civil Case No. 5326 indicated in the Commissioner's Report (Exh. "4") as Exh. "4-D"; Declaring the defendants spouses Jose Viva and Rosela dela Cruz as the absolute owners of the portion of land containing an area of Six Thousand Six Hundred Ninety Four (6,694) square meters, more or less, portion of Lot No. 3603, Dao Cadastre, and subject matter in Civil Case No. 5327 indicated in the Commissioner's Report (Exh. "4") as Exh. "4-C"; Declaring the defendant, Renato Distor, as the absolute owner of the portion of land containing an area of Six Thousand Three Hundred Forty Four (6,344) square meters, more or less, portion of Lot No. 3603, Dao Cadastre, and subject matter in Civil Case No. 5328 indicated in the Commissioner's Report (Exh. "4") as Exh. "4-E"; Declaring the plaintiffs as the absolute owners of the portion of land containing an area of Seven Thousand Forty-Six (7,046) square meters, more or less, portion of Lot No. 3603, Dao Cadastre, indicated in the Commissioner's Report (Exh. "4") as Exh. "4-F"; Declaring Transfer Certificate of Title No. T-15630 of the Register of Deeds of Capiz as null and void and should be cancelled; Declaring that Deed of Sale, Exh. "C" as null and void except as affecting the portion with an area of Seven Thousand Forty Six (7,046) square [meters] of Lot 3603 which portion had been sold by Francisco Abas to the spouses Teodulfo Sigaya and Justina Cosipe; Declaring that Extra-Judicial Partition with Deed of Sale as having been procured through fraud and therefore not valid in so far as the sale of the shares of Paz de la Cruz and Priscilla de la Cruz were concerned; Condemning the plaintiffs to severally and jointly pay the following: a) Unto Diomar Mayuga, defendant in Civil Case No. V-5325, P10,000.00 as attorney's fees and litigation expenses; b) Unto Honorato de los [Santos], defendant, in Civil Case No. V-5326, P10,000.00 as [attoney's] fees and litigation expenses; c) Unto the (sic) Jose Viva and Rosela de la Cruz, defendants in Civil Case No. V-5327, P10,000.00 as [attorney's] fees and litigation expenses; and d) Unto Renato Distor, defendant in Civil Case No. V-5328, P10,000.00 as [attorney's] fees and litigation expenses; and e) Dismissing Civil Case Nos. V-5325, V-5326, V-5327 and V-5328 with costs in each case against the plaintiffs. SO ORDERED.