G.R. NO. 147550 -

Ruling

WHEREFORE in the light of the foregoing, this Court on the basis of the evidences [sic], the [sic] mutually submitted before it by both the plaintiffs and the defendants, this Court has to rule as follows: 1. That since it clearly appeared that the plaintiffs are the real owners of the real property with an area of 27,064 square meters , including the real property with an area of 5,825 square meters which is in possession of all the defendants , they have the absolute right to obtain the proper possession thereof and to eject all of them thru legal means; 2. That in as much as all the defendants are at present and also the real owners of the real properties and also in the possession thereof as evidence[d] by their respective emancipation patents, each of them is hereby ordered by this Court to properly and absolutely abandoned [ sic ] the portions of the real property covered by Transfer Certificate of Title No. T-140417 and immediately delivered its possession to the plaintiffs; 3. That considering the possession of the defendant Isidra Vda. de Victoria of the real properties with a total area of 1,508 square meters which she did not own , [ she ] is ordered by this Court to pay and remit to the above plaintiffs the sum of P45,000.00 as reasonable compensation for the use and occupation of the portion above mentioned as it belong[s] to the plaintiffs and the defendant Becina together with two other defendants Juan and Arida are in possession of the real property owned by the plaintiffs with an area of 4,327 square meters, they are hereby ordered [to] jointly pay the plaintiffs the sum of P50,000.00 jointly as reasonable compensation. 4. That all the defendants are hereby ordered to pay the counsel for the plaintiffs the sum of P20,000.00 jointly as attorneys fees; 5. That in view of failure of the plaintiffs to prove their entitlement to preliminary mandatory injunction and to the set the same for hearing as required by law, the same is hereby denied. 6. The defendants are hereby ordered to pay the costs of suit. SO ORDERED.