G.R. No. 192132 - HEIRS OF ZOSIMO Q. MARAVILLA, NAMELY, ZOSIMO W. MARAVILLA, JR., YVETTE MARAVILLA AND RICHARD MARAVILLA, REPRESENTED BY ZOSIMO W. MARAVILLA, JR., VS. PRIVALDO TUPAS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, decision is hereby rendered as follows: 1. Declaring the deed of sale (Exhs. A & 1) executed by Asiclo Tupas in favor of plaintiff Zosimo Maravilla over one-half (½) portion or about 5,000 sq. m. of the conjugal property of the former as legal and valid; 2. Ordering that the portion sold be delineated from the shoreline with a length of at least 28 m. long from the southwestern direction traversing in a straight line towards northeastern part between points 5-6 embracing an area of about 5,000 sq. m., depicted in Exh. G, interpreted in relation to amended commissioner's report and sketch plan, dated August 25, 1992 (Exh. L) across Lots B and A; with the northern portion of 5,000 sq. m. awarded to the defendants and the southern portion of 5,000 sq. m. to plaintiff; Defendants' cottages that may be found in plaintiff's one- half portion shall be removed by the former at their expense within 30 days from the finality of this decision. The existing muniments of the parties to the land in question like tax declarations, certificates of title, and other related documents are ordered modified or corrected to conform to this decision; 3. Defendants are ordered jointly and severally, to refund plaintiff the amount of seven thousand pesos (P7,000.00), Philippine currency, representing the consideration of the ½ portion of the land in question herein awarded to them; and 4. Plaintiff is ordered to pay defendants for attorney's fees and litigation expenses in the sum of ten thousand pesos (P10,000.00) and the costs of the suit. SO ORDERED.