G.R. NO. 128122 - PREMIERE DEVELOPMENT BANK, VS. HON. COURT OF APPEALS, LIBERATO G. YAMBAO, JESUS B. RODRIGUEZ AND JESUS D. MORALES.

Ruling

WHEREFORE, in view of the foregoing, the Court renders the following judgment to wit: Plaintiffs Liberato G.Yambao, Jesus B. Rodriguez and Jesus D. Morales are hereby declared the rightful owners and possessors of the land described in TCT No. 9780 marked as Exh. B; Defendants title, TCT No. 9780 (693), marked as Exh. 1 (p. 349, Rollo, identical to Exh. D, p. 493 Rollo); the LRA Order of Reconstitution . . .; defendants reconstituted title No. RT-1764 (9780) (693) marked as Exh. 4 . . .; the cancelled title TCT No. 12183 and its derivative titles, TCT Nos. 14414, 14415, and 14416, all in the name of defendant Joselito P. Garaygay and intervenor Lilian M. Toundjis involving TCT 14414; the Deed of Assignment and Transfer between Joselito P. Garaygay and Century Realty involving TCT Nos. 14415 and 14416; [the derivative] titles of defendant Century Realty . . . namely TCT Nos. 34390 . . . and 34391 . . .; and the Deed of Real Estate Mortgage executed by Century Realty . . . in favor of defendant Premiere Bank, Inc. are all declared null and void and without force and effect; The Register of Deeds of Quezon City to strike out the reconstituted title [but already cancelled] No. 1764 (9780) (693) and TCT No. 12183, . . . ; to cancel TCT 14414 . . .; to cancel the Deed of Assignment and Transfer between Joselito P. Garaygay and Century Realty . . . covered by TCT Nos. 14415 and 14416, and necessarily cancel TCT Nos. 34390 and 34391 . . .; to cancel the Deed of Real Estate Mortgage over TCT Nos. 34390 and 34390 . . .; and thereafter, to enter and register the Deeds of Sale, dated February 11, 1986 (Exh. A) and July 10, 1988 (Exh. C) and forthwith issue corresponding new title/s in the names of the plaintiffs, free from all encumbrances, except those entered into by them, upon payment of all taxes and fees prescribed by law; Defendant Joselito P. Garaygay is sentenced to pay each of the [three] plaintiffs . . ., the sum of P100,000. 00 as moral damages; Defendants Joselito P. Garaygay, Century Realty . . . and Premiere Bank, Inc. are sentenced to pay jointly and severally each of the two plaintiffs, namely Liberato Yambao and Jesus Morales, the sum of P25,000.00 as exemplary damages and to plaintiff Jesus B. Rodriquez the sum of P25,000.00 as nominal damages The defendants are also sentenced to pay jointly and severally the sum of P20,000.00 as attorneys fees and the cost of suit; Defendant Joselito P. Garaygay is further sentenced to reimburse Lilian M. Toundjis the sum of P2,000,000.00 with interest thereon at 6% per annum from the date of judgment; With the annulment of the [aforementioned] Deed of Assignment and Transfer between defendant Joselito P. Garaygay and defendant Century Realty . . . and the Deed of Real Estate Mortgage . . . between defendant Century Realty . . . and defendant Premiere Bank, Inc., all aforementioned defendants who are respective parties to the named deeds are hereby ordered to make a full return and restituti