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JurisprudenceG.R. No. 164356 -

G.R. No. 164356 - HEIRS OF MARGARITO PABAUS, NAMELY, FELICIANA P. MASACOTE, MERLINDA P. CAILING, MAGUINDA P. ARCLETA, ADELAIDA PABAUS, RAUL MORGADO AND LEOPOLDO MORGADO, VS. HEIRS OF AMANDA YUTIAMCO, NAMELY, JOSEFINA TAN, AND MOISES, VIRGINIA, ROGELIO, ERLINDA, ANA AND ERNESTO, ALL SURNAMED YUTIAMCO

Cited Laws

RA 301,RA 793,RA 383,RA 193,RA 220,RA 67,RA 439,RA 358,RA 96,RA 278RA 305,RA 513,
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TL;DR — Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of the plaintiffs and against the defendants, as follows: Declaring as null and void ab initio [Original] Certificate of Title No. [P]-8649 and ordering defendants and all those claiming any right under them to vacate the land covered by said title and deliver possession thereof to the plaintiffs and/or otherwise refrain and desist perpetually from exercising any act of dispossession and encroachment over the subject premises; …

Decision

Ruling

WHEREFORE, premises considered, judgment is hereby rendered in favor of the plaintiffs and against the defendants, as follows: Declaring as null and void ab initio [Original] Certificate of Title No. [P]-8649 and ordering defendants and all those claiming any right under them to vacate the land covered by said title and deliver possession thereof to the plaintiffs and/or otherwise refrain and desist perpetually from exercising any act of dispossession and encroachment over the subject premises; Declaring the plaintiffs as the true and legal owner of the property subject of this case; Ordering defendants to render an accounting to the plaintiffs with respect to the income of the coconuts in the area in conflict starting from December 26, 1996 up to the time...reconveyance as herein directed is made, and to deliver or pay to the plaintiffs the income with legal interest thereon from the date of filing of the complaint in this case[,] which is December 26, 1996, until the same is paid or delivered; and Ordering defendants to pay the plaintiffs, jointly and severally, the amount of P13,175.00 by way of actual damages, P50,000.00 by way of moral damages, the sum of P30,000.00 by way of attorney's fees and the cost of litigation in the amount of P720.00. SO ORDERED.