G.R. Nos. 106467-68 - DOLORES LIGAYA DE MESA, VS. THE

Ruling

WHEREFORE, premises considered, judgment is hereby rendered (a) declaring the consignation made by plaintiff as proper and valid and ordering defendants Dolores Ligaya de Mesa and Development Bank of the Philippines to withdraw and receive said payments due them which plaintiff has consigned with the Court; (b) Ordering defendant Development Bank of the Philippines to furnish plaintiff with a statement of payments and balance, if any, still due from defendant de Mesa after applying all payments already received, including the amounts placed under consignation; (c) Upon payment by the plaintiff of the balance if any, still due on the properties, defendant Development Bank of the Philippines shall execute a Deed of Absolute Sale in favor of the plaintiff over the properties subject matter of the Deed of Absolute Sale with Assumption of Mortgage executed by and between plaintiff and defendant de Mesa; (d) Ordering plaintiff to pay defendant de Mesa the difference, if any, between the agreed purchase price of P500,000.00 and the payments made to the defendant Development Bank of the Philippines, less the P10,000.00 down payment already paid and the P34,363.08 consigned with the Court; and (e) Ordering defendant de Mesa to pay plaintiff the sum of P10,000.00 as attorneys fees. SO ORDERED.