Cited Laws
TL;DR — Ruling
WHEREFORE, in view of the foregoing consideration[ s], judgment is hereby rendered ordering the dismissal of the complaint against all the defendants; and, further ordering plaintiffs, jointly and solidarily, to: Pay each of the defendants Romeo G. Roxas, Santiago Pastor and Jose B. H. Perdosa, the amount of P200,000.
WHEREFORE, in view of the foregoing consideration[ s], judgment is hereby rendered ordering the dismissal of the complaint against all the defendants; and, further ordering plaintiffs, jointly and solidarily, to: Pay each of the defendants Romeo G. Roxas, Santiago Pastor and Jose B. H. Perdosa, the amount of P200,000.00, P200,000.00 and P100,000.00, respectively, as moral damages; Pay each of the defendants Roxas, Pastor and Pedrosa, the amount of P50,000.00, P50,000.00, and P25,000.00, respectively as exemplary damages; Pay attorney's fees to defendants Roxas and Pastor in the amount of P20,000.00; and Pay the costs of this suit. A Notice of Appeal [23] dated 10 February 1994 was filed by the Zuzuarreguis. Subsequently, on 26 April 1995, the Zuzuarreguis filed their appeal brief with the Court of Appeals. The case was docketed as CA-G.R. CV No. 45732. A Decision [24] was eventually promulgated by the Fifteenth Division of the Court of Appeals on 25 June 2001, reversing and setting aside the ruling of Branch 98, viz: Therefore, We find that the amount of P4,476,426.275 is, in the opinion of this Court, commensurate to the services rendered by defendants-appellees. This amount has been arrived at by giving to defendants-appellees P2.50 per square meter of the 1,790,570.51 square meter expropriated properties of herein plaintiffs-appellants. WHEREFORE, IN VIEW OF THE FOREGOING, the decision dated January 3, 1994 of the Regional Trial Court, National Capital Judicial Region, Branch 98, Quezon City in Civil Case No. 89-4013 entitled "Antonio Zuzuarregui, Jr., et al. versus National Housing Authority, et al." for "Sum of Money and Damages," is hereby REVERSED and SET ASIDE. Defendants-Appellees Roxas and Pastor are hereby ordered to return to plaintiffs-appellants the amount of P12,596,696.425, the balance from the P17,073,122.70, received as yield from NHA bonds after deducting the reasonable attorney's fees in the amount of P4,476,426.275 [25] Attys. Roxas and Pastor filed a Motion for Reconsideration [26] on 25 July 2001. The Zuzuarreguis also filed a Motion for Reconsideration [27] on 30 July 2001, not having been satisfied with the award, while the NHA and Pedrosa filed their Motions for Reconsideration [28] on 03 August 2001. In a Resolution dated 06 February 2002, the Court of Appeals denied for lack of merit all the Motions for Reconsideration. On 05 March 2002, Attys. Roxas and Pastor filed a Petition for Review on Certiorari [29] assailing the Decision of the Court of Appeals, docketed as G.R. No. 152072. Likewise, on 21 March 2002, the Zuzuarreguis filed their own Petition for Review on Certiorari [30] assailing the same Decision, docketed as G.R. No. 152104. ASSIGNMENT OF ERRORS Attys. Roxas and Pastor, petitioners in G.R. No. 152072, assign as errors the following: I THE HONORABLE COURT OF APPEALS GRAVELY ERRED ON A QUESTION OF LAW IN HOLDING THAT THE LETTER-AGREEMENT DATED DECEMBER 10, 1985 CANNOT BE ALLOWED TO STAND AS THE LAW BETWEEN T