G.R. No. 211845 - PEN DEVELOPMENT CORPORATION AND LAS BRISAS RESORT CORPORATION, VS. MARTINEZ LEYBA, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against 1he defendant as follows: Quieting its T.C.T. Nos. 250242, 240243 and 250[2]44, and removing the clouds thereon created by the issuance of T.C.T. No. 153101 insofar as the said titles are overlapped by the T.C.T. No. 153101; Ordering the cancellation or annulment of portions of T.C.T. No. 153101 insofar as it overlaps plaintiff's T.C.T. No. 250242, to Lot 29, Block 3, (LRC) Pcs-7305; plaintiff's T.C.T. No. 250243 to Lot 30, Block 3 (LRC) Pcs-7305; and plaintiff's [TCT] No. 250244 to Lot 31, Block 3, (LRC) Pcs-7305; Ordering the defendant to vacate and turn over the possession of said portions in favor of the plaintiff, and to remove the building or structures it has constructed thereon at its own expense without right to indemnity [therefor]; to allow the plaintiff to appropriate what the defendant has built or to compel the defendant to pay for the value of the land encroached upon; Ordering the defendant to pay moral damages to the plaintiff in thy amount of P1,000,000.00; exemplary damages in the amount of P1,000,000.00 and attorney's fees in the amount of P100,000.00. Ordering the defendant to pay for the cost of suit. SO ORDERED.