G.R. No. 160708 - PATROCINIA RAVINA AND WILFREDO RAVINA,VS. MARY ANN P. VILLA ABRILLE, FOR HERSELF AND IN BEHALF OF INGRID D’LYN P. VILLA ABRILLE, INGREMARK D’WIGHT VILLA ABRILLE, INGRESOLL DIELS VILLA ABRILLE AND INGRELYN DYAN VILLA ABRILLE.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is rendered as follows: The sale of lot 8 covered by TCT No. 26471 by defendant Pedro Abrille appearing in the Deed of Sale marked as Exh. E is void as to one half or 277.5 square meters representing the share of plaintiff Mary Villa Abrille. That sale of Lot 7 covered by TCT No. [88674] by defendant Pedro Villa Abrille in the Deed of Sale (Exh. A) is valid as to one half or 277.5 square meters of the 555 square meters as one half belongs to defendant Pedro Abrille but it is void as to the other half or 277.5 square meters as it belongs to plaintiff Mary Abrille who did not sell her share nor give her consent to the sale. That sale of the house mentioned in the Deed of Sale (Exh. A) is valid as far as the one half of the house representing the share of defendant Pedro Abrille is concerned but void as to the other half which is the share of plaintiff Mary Abrille because she did not give her consent/sign the said sale. The defendants shall jointly pay the plaintiffs. 4. A. Seventeen Thousand Pesos (P17,000.00) representing the value of the movables and belonging[s] that were lost when unknown men unceremoniously and without their knowledge and consent removed their movables from their house and brought them to an apartment. 4. B. One Hundred Thousand Pesos (P 100,000.00) to plaintiff Mary Abrille as moral damages. 4. C. Fifty Thousand Pesos (P50,000.00) to each of the four children as moral damages, namely: a) Ingrid Villa Abrille Fifty Thousand Pesos (P50,000.00), b) Ingremark Villa Abrille Fifty Thousand Pesos (P50,000.00), c) Ingresoll Villa Abrille Fifty Thousand Pesos (P50,000.00) and d) Ingrelyn Villa Abrille Fifty Thousand Pesos (P50,000.00). Ten Thousand Pesos (P10,000.00) as exemplary damages by way of example and correction for the public good. The costs of suit. [8] On appeal, the Court of Appeals modified the decision, thus: WHEREFORE , the appealed judgment is hereby MODIFIED as follows: The sale of lot covered by TCT No. 26471 in favor of defendants spouses Wilfredo and Patrocinia Ravina is declared valid . The sale of lot covered by TCT No. 88674 in favor of said defendants spouses Ravina, together with the house thereon, is declared null and void . Defendant Pedro Abrille is ordered to return the value of the consideration for the lot covered by TCT No. 88674 and the house thereon to co-defendants spouses Ravina. Defendants spouses Ravina [a]re ordered to reconvey the lot and house covered by TCT No. 88674 in favor of spouses Pedro and Mary Villa Abrille and to deliver possession to them. Plaintiffs are given the option to exercise their rights under Article [450] of the New Civil Code with respect to the improvements introduced by defendant spouses Ravina. Defendants Pedro Villa Abrille and spouses Ravina are ordered to pay jointly and severally the plaintiffs as follows: a) One Hundred Thousand Pesos (P100,000.00) to plaintiff Mary Villa Abrille as moral damages. b) Fifty Thousand Pesos (P50,000.