G.R. No. 105902 - SEVERINO BARICUATRO, JR., VS. COURT OF APPEALS, TENTH DIVISION, MARIANO B. NEMENIO AND FELISA V. NEMENIO, CONSTANTINO M. GALEOS AND EUGENIO V. AMORES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , judgment is hereby rendered as follows: "1. In the main action: (a) declaring the plaintiffs [spouses Nemenio] owners of Lots (sic) Nos. 9 and 10 and the corresponding titles validly issued to plaintiffs [spouses Nemenio] and binding against the whole world; (b) ordering the defendant [petitioner herein] to surrender to plaintiffs the possession of Lots (sic) Nos. 9 and 10 after the latter indemnify the former the fair value of the improvements introduced on the said lots by defendant [petitioner herein] before he knew of the defects of his title over the lots in question; otherwise, plaintiffs [spouses Nemenio] to sell the said lots to defendants [should read defendant]; in both cases, in case of disagreement as to the value of improvements or value of the said lots, their value to be fix (sic) by the Court; (c) ordering the defendant [petitioner herein] to desist from further asserting his supposed rights to Lots (sic) Nos. 9 and 10; (d) ordering the defendant [petitioner herein] to pay P2,500.00 as attorneys fees and litigation expenses of P1,000.00; (e) dismissing the defendants [petitioner herein] counterclaim, with costs against defendant [petitioner herein]; "2. As to the third-party complaint: (a) ordering the third-party defendant [respondent] Constantino M. Galeos to pay or refund defendant [petitioner] Baricuatro, Jr. the sum of P3,810.00 with legal interest of 6% per annum from the filing of the third-party complaint on February 3, 1977, until the amount is fully paid; (b) dismissing the third-party complaint as against third-party defendant [respondent] Eugenio Amores; (c) dismissing third-party defendants counterclaims, without costs. SO ORDERED.