G.R. No. 174082 - GEORGIA T. ESTEL, VS. RECAREDO P. DIEGO, SR. AND RECAREDO R. DIEGO, JR.. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, viewed in the light of the foregoing, judgment is hereby rendered in favor of the plaintiffs [herein respondents], dismissing defendant's [herein petitioner's] counterclaim and ordering the defendant, her agents and representatives: 1. To vacate the premises of the land in question and return the same to the plaintiffs; 2. To pay plaintiffs, the following, to wit: a) P100.00 a month as rentals for the use of the litigated property reckoned from the filing of the complaint until the defendant vacates the property; b) P5,000.00 representing the value of the fence and plants damaged by the defendants as actual damages; c) P20,000.00 as and for attorney's fees; d) P2,000.00 for litigation expenses; 3. Ordering the defendant to pay the cost of suit; Execution shall immediately issue upon motion unless an appeal has been perfected and the defendant to stay execution files a supersedeas bond which is hereby fixed at P10,000.00 approved by this Court and executed in favor of the plaintiffs, to pay the rents, damages and costs accruing down to the time of the judgment appealed from and unless, during the pendency of the appeal, defendant deposits with the appellate court the amount of P100.00 as monthly rental due from time to time on or before the 10 th day of each succeeding month or period. SO ORDERED.