G.R. No. 211253 - CELEDONIO C. DEMEGILLO, VS. ARTURO S. LUMAMPAO, MARIA LUZ FANCOBILA,CONCEPCION L. DEMAVIVAS, AND IMELDA L. BABAAN.[G.R. No. 211259]CONCEPCION L. DEMAVIVAS, VS. CELEDONIO C. DEMEGILLO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of the defendant and against the plaintiffs: 1. Declaring that defendant has been in lawful, adverse and continuous possession since 1974 of the subject three-hectare portion of Lot 3160, Pls-4 Trento, Agusan del Sur; 2. Declaring that Original Certificate of Title No. D-4960 erroneously covers the whole area of 95,689 square meters of Lot 3160 in the name of plaintiffs; 3. Ordering the Register of Deeds of Agusan del Sur to cancel said OCT No. D-4960 and in lieu thereof issue another certificate of title still in the name of plaintiffs less three hectares or for about 65,689 square meters only, and another certificate of title in the name of defendant Celedonio D. Demegillo for an area of three hectares occupied by him within Lot 3160; 4. Ordering the plaintiffs to respect defendant's three-hectare portion. 5. Finding plaintiffs guilty of bad faith in pursuing a fraudulent land application and filing this case, and thus, ordering them jointly and severally to indemnify defendant P30,000.00 as moral damages, P20,000[.] as refund for attorney's fees and P20,000.00 for litigation expenses, with interest of 12% per annum from the finality of this judgment until fully paid, plus costs. SO ORDERED.