G.R. No. 235586 - SPOUSES MILA YAP-SUMNDAD AND ATTY. DALIGDIG SUMNDAD, DATU YAP SUMNDAD, JOEL GELITO, AND JOHN DOES, VS. FRIDAY'S HOLDINGS, INC., REPRESENTED HEREIN BY ITS DIRECTOR MARIO B. BADIOLA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, considering the foregoing, judgment is hereby rendered: Finding plaintiff FRIDAY'S HOLDINGS, INC. to be in better right to possession of the subject property prior to February 15, 2014; Directing defendants Mila Yap-Sumndad, Daligdig Surnndad, Datu Yap Surnndad, Joel Gelito and any person claiming rights under them to restore plaintiff FRIDAY'S HOLDINGS, INC. in peaceful possession of the property; Directing defendant Mila Yap-Surnndad to pay plaintiff reasonable compensation for the use and occupation of the premises in the amount equivalent to 60% of the last rental paid by plaintiff-lessee to defendant-lessor as provided in their Contract of Lease which expired February 14, 2014;and Directing defendant Mila Yap-Sumndad to pay plaintiff FRIDAY'S HOLDINGS, INC. the amount of P15,000.00 as attorney[']s fees and the cost of his suit. SO ORDERED . [5] On appeal before the Regional Trial Court (RTC) Branch 7 of Kalibo, Aklan, the RTC affirmed the 5 th MCTC of Buruanga-Malay, with modification in its Decision [6] dated September 5, 2016, the dispositive portion of which reads: WHEREFORE, based on the foregoing premises, the Decision dated 24 April 2015 is AFFIRMED with modification. The defendants-appellants are DIRECTED to pay, jointly and solidarily, FHI for reasonable compensation for the lost profits equal to Ten Thousand Pesos (Pl0,000.00) per room per day, being the reasonable daily rental income of the nineteen (19) premier rooms involved in the forcible entry for a period from 15 February 2014 up to 14 March 2015 comprising of 392 days in the total amount of Seventy[-]Four Million Four Hundred Eighty Thousand Pesos(P74,480,000.00). SO ORDERED.