G.R. No. 160408 - SPOUSES ROBERTO AND ADELAIDA PEN, VS. SPOUSES SANTOS AND LINDA JULIAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered: Declaring the Deed of Sale, dated October 22, 1986, void or inexistent; Cancelling TCT No. RT-45272 (364480) and declaring it to be of no further legal force and effect; Ordering the defendants to reconvcy the subject property to the plaintiiTs and to deliver to them the possession thereof; and Ordering the plaintiffs to pay to the defendants the unpaid balance of their indebtedness plus accrued interest totaling P319,065.00 as of October 15, 1997, plus interests at the legal rate counted from the date of filing of the complaint and until the full payment thereof, without prejudice to the right of the defendants to foreclose the mortgage in the event that plaintiiTs will foil to pay their obligation. No pronouncement as to cost. SO ORDERED . [5] Decision of the CA On appeal by the petitioners, the CA affirmed the RTC with modification under its assailed decision of October 20, 2003, [6] decreeing: WHEREFORE, premises considered, the Decision of the Regional Trial Court of Quezon City is AFFIRMED WITH modification. Judgement is hereby rendered: Declaring the Deed of Sale, dated October 22, 1986, void or inexistent; Cancelling TCT No. RT-45272 (364880) and declaring it to be of no further legal force and effect; Ordering the appellants-defendants to reconvey the subject property to the plaintitTs-appellees and to deliver to them the possession thereof; and Ordering the plaintiffs-appellees to pay to the defendants the unpaid balance of their indebtedness, P43,492.15 as of June 28, 1990, plus interests at the legal rate of 12% per annum from said date and until the full payment thereof, without prejudice to the right of the defendants to foreclose the mortgage in the event that plaintiffs-appellees will fail to pay their obligation. SO ORDERED.