G.R. No. 141324 - SPOUSES VIRGINIA JUNSON AND EMILIO JUNSON AND CIRILA TAN, VS. SPOUSES BENEDICTA B. MARTINEZ AND ANTONIO MARTINEZ.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, respondents stopped collecting rentals from them beginning June, 1988. Despite the notices, petitioners failed to vacate the property. Instead, petitioners paid their respective rentals by depositing the same in a bank in the name of respondent Benedicta Martinez. On July 18, 1994, petitioners filed petitions for consignation with the Metropolitan Trial Court (MeTC) of Caloocan City and thereafter deposited their rentals with said court. Meanwhile, for failure of petitioners to vacate the subject property, respondents brought the matter before the barangay lupon . After the parties failed to settle their dispute, respondents filed unlawful detainer cases against petitioners. The consignation cases earlier filed by petitioners and the unlawful detainer cases filed by respondents were consolidated. On August 18, 1995, the MeTC, Branch 53, of Caloocan City rendered a decision [1] in favor of respondents, the dispositive portion of which read: WHEREFORE, judgment is rendered dismissing the two (2) petitions for consignation for want of cause of action. In the ejectment cases, judgment is rendered in favor of the plaintiffs Spouses Antonio Martinez and Benedicta Martinez, and against the defendants, ordering the latter as follows: Ordering defendants Spouses Emilio Junson and Virginia Torres-Junson in Civil Case No. 21464 and defendant Cirila Tan in Civil Case No. 21465, and all persons claiming title or right under them and to remove their houses from and vacate plaintiff's lot located at 117 E. Jacinto Street, Sangandaan, Caloocan City; Ordering defendants to pay reasonable compensation for their continued use and occupation of the subject premises from the time of the filing of the complaints until the same is finally vacated, computed at the rate of P100.00 a month; and Ordering the defendants to pay the plaintiffs the sum of P5,000.00 as and for attorney's fees. SO ORDERED.