G.R. No. 157767 - REYNALDO BALOLOY AND ADELINA BALOLOY-HIJE, VS. ALFREDO HULAR. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is most respectfully prayed of the Honorable Court to DISMISS this case pursuant to paragraph 15, et seq., hereof, and/or DECIDE it in favor of the defendants by UPHOLDING the sanctity of OCT No. P-16540 and ordering plaintiff to: RESPECT defendants proprietary rights and interests on the property in question covered by OCT No. P-16540; VACATE it at his sole and exclusive expense, and never to set foot on it ever again; PAY defendants: a) MORAL DAMAGES at P 50,000.00 EACH; b) ACTUAL DAMAGES and UNREALIZED PROFITS at P 1,000.00/MONTH COMPUTED UP TO THE TIME OF PAYMENT PLUS LEGAL RATE OF INTEREST; c) EXEMPLARY DAMAGES of P 50,000.00 d) ATTYS FEES and LITIGATION EXPENSES of P 100,000.00; and e) THE COSTS OF THIS SUIT. DEFENDANTS pray for all other reliefs and remedies consistent with law and equity. [22] The Evidence for the Petitioners Sometime in 1982, Hular asked permission from Iluminado to construct his house on Lot No. 3353 near the road leading to Biriran. Iluminado agreed, in the presence of his daughter, petitioner Adelina Baloloy. As per the plan of Lot No. 3353 certified by a Director of the Bureau of Lands on November 6, 1961, Lot No. 3353 had an area of 9,302 square meters. [23] As gleaned from the Sketch Plan of Lot Nos. 3347 and 3353 prepared on February 7, 1991 by Geodetic Engineer Salvador Balilo, the houses of the Baloloy siblings and those of Astrologo and Alfredo were located in Lot No. 3353. [24] In the said sketch plan, Lot No. 3353 had an area of 9,302 square meters, while Lot No. 3347 had an area of 15,905 square meters. When apprised of Hulars claim over the property, the petitioners and their co-heirs filed a complaint for unlawful detainer with the Municipal Trial Court of Juban, docketed as Civil Case No. 331. The case was, however, dismissed for lack of jurisdiction. On December 4, 1995, the trial court rendered judgment in favor of the respondent. The fallo of the decision reads: a / Declaring plaintiff the absolute owner of the land in question, consisting of 1,405 square meters, more or less, and entitled to the peaceful possession thereof; b / Ordering the defendants to reconvey the title to the plaintiff as far as the land in question is concerned within fifteen (15) days counted from the finality of the decision, failing in which, the Clerk of Court is hereby ordered to execute the necessary document of reconveyance of the title in favor of the plaintiff after an approved survey plan is made; c / Ordering defendants to remove their houses from the land in question at their own expense within fifteen (15) days after the decision has become final; d / Ordering the defendants to pay jointly and severally plaintiff the amount of P5,000.00 as attorneys fees. P5,000.00 as incidental litigation expenses; e / To pay the costs. SO ORDERED.