G.R. No. 205681 - JANET CARBONELL, VS. JULITA A. CARBONELL-MENDES, REPRESENTED BY HER BROTHER AND ATTORNEY-IN-FACT, VIRGILIO A. CARBONELL.

Ruling

WHEREFORE, premises considered, judgment is hereby rendered as follows: 1. Declaring the Deed of Absolute Sale dated April 2, 1997 FICTITIOUS and of no force and effect; 2. Declaring T.C.T. No. T-51120 as INVALID and restoring the efficacy of T.C.T. No. T-45306. Upon the finality of this Decision, the Register of Deeds of Tayug, Pangasinan is ordered to CANCEL T.C.T. NO. T-51120 and to REVIVE T.C.T. No. 45306 in the name of the plaintiff JULITA CARBONELL MENDES. 3. Ordering the defendants-spouses Bonifacio and Janel Carbonell: a) to surrender the owner's copy of T.C.T. No. T-51120 to the Register of Deeds of Tayug, Pangasinan to effect its cancellation; b) to reconvey to the plaintiff the possession of the subject property; and c) to pay the plaintiff the amount of Twenty Five Thousand Pesos (P25,000.00) as Attorney's fees; and the costs of the suit[.] SO ORDERED.