G.R. NO. 146365 - SIMPLICIO A. PALANCA, VS. ULYSSIS GUIDES JOINED BY HER HUSBAND LORENZO GUIDES.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly declared the case submitted for decision. [20] Petitioner sought reconsideration of the Order dated 10 November 1995, claiming that Atty. Novero never knew of the hearing on said date as Atty. Cario did not inform him about it, and that his secretary was in fact informed by a personnel of the trial court that the hearing was reset to 05 December 1995. [21] The motion was denied, with the trial court holding that there was due notice on Atty. Cario who himself had requested the resetting of the hearing to 10 November 1995. [22] A second Motion for Reconsideration was likewise denied on 03 July 1996. [23] With the case submitted for decision anew on 04 November 1996, the trial court rendered the challenged decision, the decretal portion of which reads: WHEREFORE, premises considered, the court thereby renders judgment in favor of the plaintiff and against the defendant Simplicio A. Palanca, ordering him- To execute in favor of plaintiff Ulyssis Guides and her husband, a Deed of Absolute Sale involving Lot 16-B, Block 23, Pcs 15073 of the Bacolod Cadastre consisting of Two Hundred Twenty Five (225) square meters and directing the same defendant to cause the issuance of Transfer Certificate of Title in favor of plaintiff affecting the same lot; To pay plaintiff the sum of Ten Thousand (P10,000.00) Pesos as moral damages; the sum of Five Thousand (P5,000.00) Pesos as attorneys fees and the amount of Two Thousand (P2,000.00) Pesos as exemplary damages; To reimburse plaintiff the sum of Two Thousand Five Hundred Eighty (P2,580.00) Pesos corresponding to the amount paid in excess of the total purchase price of Lot 16-B; To pay the expenses of this litigation. SO ORDERED.