G.R. No. 134972 - SPS. ERNESTO AND MINA CATUNGAL, VS. DORIS HAO.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly dismissed. Not satisfied, respondent elevated the above decision of the CA before this Court. We, however, denied respondent's petition on April 10, 1996. [2] The MeTC of Parañaque, after the reversal of the decision in Civil Case No. 90-758 for injunction, proceeded with the trial of the ejectment cases. On January 22, 1997, the MeTC of Parañaque rendered a Decision, the dispositive portion of which reads: IN VIEW OF THE FOREGOING, judgment is hereby rendered ordering the defendant Doris T. Hao who is in actual possession of the property and all persons claiming rights under her to vacate the premises in question and to pay the plaintiffs the amount of P20,000.00 a month from June 28, 1988, until she finally vacates the premises and to pay attorney's fees of P20,000.00. With costs against the defendant. [3] Petitioners filed a motion for clarificatory or amended judgment on the ground that although MeTC "ordered the defendant to vacate the entire subject property, it only awarded rent or compensation for the use of said property and attorney's fees for said ground floor and not the entire subject property. Compensation for the use of the subject property's second and third floors and attorney's fees as prayed for in Civil Case No. 7767 were not awarded." [4] In response to said motion, the MeTC issued an Order dated March 3, 1997, the dispositive portion of which reads: IN VIEW OF THE FOREGOING, the Decision of this Court is hereby clarified in such a way that the dispositive portion would read as follows: "in view of the foregoing, judgment is hereby rendered ordering the defendant Doris T. Hao who is in actual possession of the property and all persons claiming rights under her to vacate the premises and to pay the plaintiffs the amount of P8,000.00 a month in Civil Case No. 7666 for the use and occupancy of the first floor of the premises in question from June 28, 1998 until she finally vacates the premises and to pay the plaintiff a rental of P5,000.00 a month in Civil Case No. 7667 from June 28, 1988, until she finally vacates the premises and to pay attorney's fees of P20,000.00. With costs against defendant. So ordered.