G.R. No. 155594 - RHODORA G. BLAS, VS. LINDA ANGELES-HUTALLA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that, after due notice and hearing, a judgment be rendered: Ordering the defendant to surrender to the plaintiff the owners duplicate original of the certificate of title over the property subject matter of this complaint or in the alternative, ordering the Register of Deeds of the City of Mandaluyong to cancel Transfer Certificate of Title No. 2184 in the name of the defendant and in lieu thereof, a new one be issued in the name of the plaintiff; Ordering the defendant to pay the plaintiff the amount of One Million Pesos ( P 1,000,000.00) as actual and compensatory damages; Ordering the defendant to pay the plaintiff the amount of One Hundred Thousand Pesos ( P 100,000.00) as Moral Damages; Ordering the defendant to pay the plaintiff the amount of One Hundred Thousand Pesos ( P 100,000.00) as Exemplary Damages; Ordering the defendant to pay the plaintiff the amount [of] One Hundred Thousand Pesos ( P 100,000.00), plus Three Thousand Pesos ( P 3,000.00), by way of Attorneys Fees; and Costs of suit. Other reliefs, just and equitable under the premises, are also prayed for. [13] The petitioner appended to her complaint a copy of the unnotarized deed of sale [14] executed by the respondent in the Philippines in June 1988. In her answer to the complaint, the respondent, through her attorney-in-fact, alleged, inter alia , that the real and binding deed was the REPCRD notarized in Santa Clara by Renato Calura on August 9, 1988, not the deed of sale appended to the complaint. She, likewise, alleged that the balance of the purchase price was still US$26,289.28. The respondent further stated that, under the said deed, she was entitled to repossess the property for the petitioners failure to comply with the conditions therein, and prayed that judgment be rendered in her favor, thus: WHEREFORE, PREMISES CONSIDERED, after trial on the merits, this Honorable Court rendered judgment: Declaring the Real Estate Purchase Contract and Receipt for Deposit (Annex 5) rescinded and consider all payments made by the plaintiff as rentals for the use of the property; further ordering defendant to surrender the said house and lot located at #843 Kapasigan St., Plainview Subd., Mandaluyong City, to herein plaintiff and/or her attorney-in-fact; Ordering plaintiff to pay defendant on her counterclaims as follows: a) Actual damages P 100,000.00 b) Moral damages . 500,000.00 c) Exemplary damages . 500,000.00 d) Attorneys fees . 250,000.00 Defendant prays for such other relief and remedy which may be deemed just and equitable under the premises. [15] The respondent appended to her answer a copy [16] of the REPCRD as well as the document signed by the petitioner and her sister Emily dated October 10, 1989. In her answer, through her attorney-in-fact, to the request for admission filed by the petitioner, the respondent denied the genuineness and due executio