Cited Laws
TL;DR — Ruling
WHEREFORE, judgment is hereby rendered in favor of the plaintiffs against the defendant Reynaldo L. Montinola who is hereby ordered to pay to the plaintiffs the following sums: a) P1,200,000.00 as actual damages, with interest thereon at the legal rate of six (6) per centum per annum until fully paid; b) Moral damages in the sum of P100,000.00; c) Exemplary damages in the sum of P50,000.
Accordingly, the Registry of Deeds of Mandaluyong issued TCT No. 7299 in the name of Montinola in lieu of TCT No. 57218 (11664). [12] Sometime in July 1993, Montinola executed a deed of absolute sale of the property covered by TCT No. 7299 in favor of petitioner spouses Eduardo and Josefina Domingo. [13] Thereafter, TCT No. 7673 was issued in the names of petitioners. Both TCT Nos. 7299 and 7673 contained the following annotation: Subject to the provision of Section 4, Rule 74 of the Rules of Court with respect to the inheritance left by the deceased SPS. CESAR ROCES & LILIA MONTINOLA. [14] When respondents learned of the sale of the property to petitioners, they filed a complaint against Montinola and petitioners with the Regional Trial Court of Pasig. They argued that the affidavit of self-adjudication was fraudulent because Montinola was not an heir of the Roces spouses and it was not true that Lilia Roces was dead. Therefore, the affidavit of self-adjudication, as well as the deed of absolute sale, TCT No. 7299, and TCT No. 7673, all covering the subject property, were null and void. [15] In their answer, petitioners alleged that they were buyers in good faith and that their action was barred by estoppel and laches. [16] After trial, the court a quo rendered judgment in favor of respondents, the dispositive portion of which reads: WHEREFORE, judgment is hereby rendered in favor of the plaintiffs against the defendant Reynaldo L. Montinola who is hereby ordered to pay to the plaintiffs the following sums: a) P1,200,000.00 as actual damages, with interest thereon at the legal rate of six (6) per centum per annum until fully paid; b) Moral damages in the sum of P100,000.00; c) Exemplary damages in the sum of P50,000.00; d) Attorneys fees in the reasonable amount of P30,000.00; and costs. The counterclaim of defendant spouses Eduardo and Josefina Domingo is dismissed and the complaint against the Register of Deeds is likewise dismissed without costs. SO ORDERED.
G.R. No. 166516 - EMMA VER REYES AND RAMON REYES, VS. IRENE MONTEMAYOR AND THE REGISTER OF DEEDS OF CAVITE.D E C I S I O N - Supreme Court E-Library
G.R. No. 166516 -
CaseG.R. No. 200558 - CONSUELO V. PANGASINAN AND ANNABELLA V. BORROMEO, VS. CRISTINA DISONGLO-ALMAZORA, RENILDA ALMAZORA-CASUBUAN, RODOLFO CASUBUAN, SUSANA ALMOZORA-MENDIOLA, CARLOS MENDIOLA, CECILIO ALMAZARO AND NEN1TA ALMAZORA.D E C I S I O N - Supreme Court E-Library
G.R. No. 200558 -
CaseG.R. No. 169400 - NAPOLEON G. RAMA, VS. SPOUSES EDUARDO AND CONCHITA JOAQUIN.R E S O L U T I O N - Supreme Court E-Library
G.R. No. 169400 -