G.R. No. 251792 - LOURDES N. CANDO, VS. FLOCERFIDA* DE GUZMAN SOLIS, JOAN SOLIS AND MICHELLE** SOLIS,***.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Annulment of Deed of Absolute Sale dated October 29, 2012 is GRANTED, while the action for Reformation of Deed of Real Estate Mortgage dated February 27, 2012 is DISMISSED. Perforce, judgment is hereby rendered: 1. Annulling the Deed of Sale of the properties covered by TCT Nos. N-313735 and N-313736 dated October 29, 2012 purportedly executed by Spouses Jose Guyala Solis and Flocerfida De Guzman Solis, in favor of defendant Lourdes N. Cando; 2. Ordering the Register of Deeds of Quezon City to cancel Transfer Certificate of Title Nos. 004-2013003761 and 004-2013003762 in the name of defendant Lourdes N. Cando and to reinstate Transfer Certificate of Title Nos. N-313735 and N-313736 in the names of the plaintiffs Spouses Jose Guyala Solis and Flocerfida De Gum1an Solis which shall contain a memorandum of the fact and shall in all respect be entitled to like faith and credit as the original certificate of title and shall, thereafter be regarded as such for all intents and purposes under the law: 3. Declaring the transaction between Spouses Jose Guyala Solis and Flocertida De Guzman Solis and defendant Lourdes N. Cando as a deed of mortgage securing the loan of Php 15,000,000.00, which is now deemed due and demandable. The running of interest, however, is suspended from the time the subject properties were transferred in the name of Lourdes N. Cando until Transfer Certificate of Title Nos. N-313735 and N-313736 in the names of Spouses Jose Guyala Solis and Flocerfida De Guzman Solis are revived, with right of the defendant to judicially foreclose the subject properties in case of non-payment of their obligation[;] 4. Ordering defendant Lourdes N. Cando to pay plaintiffs the amount of Thirty Thousand ([Php]30,000.00) as nominal damages; 5. Ordering defendant Lourdes N. Cando to pay plaintiffs the amount of Thirty Thousand ([Php]30,000.00) as attorney's fees; and 6. Ordering defendant Lourdes N. Cando to pay plaintiffs the costs of suit. SO ORDERED.