G.R. No. 141880 - ZENAIDA F. DAPAR ALIAS ZENAIDA D. BIASCAN, VS. GLORIA LOZANO BIASCAN AND MARIO BIASCAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is most respectfully prayed to the Honorable Court that after due hearing judgment be rendered in favor of the defendant and against the plaintiff, DISMISSING the complaint and GRANTING all the counterclaim[s] interposed by the defendant. Defendant further prays for such other reliefs as are just and equitable under the premises. [18] After the parties submitted their respective pre-trial briefs, Gloria filed an amended complaint, [19] impleading her husband Mario as party-defendant. Thereafter, in an Order [20] dated July 6, 1994, the RTC, Branch 120, issued a writ of preliminary injunction restraining and enjoining the enforcement of the writ of execution [21] issued by the RTC, Branch 129 in Civil Case No. C-259. Gloria then filed a bond in the amount of P 50,000 which was duly approved by the RTC, Branch 120. [22] After trial, the court ruled in favor of defendant Zenaida and dismissed the complaint on October 28, 1997. The dispositive portion of the decision reads: WHEREFORE, premises considered, the complaint is dismissed. On the counterclaim, plaintiff is ordered to pay co-defendant Zenaida Dapar: Attorneys fees in the sum of P 20,000.00, plus P 1,000.00 per court appearance Exemplary damages in the amount of P 25,000.00; and To pay the costs. SO ORDERED.