G.R. NO. 145844 - RICARDO G. ENRIQUEZ, SR., VS. HEIRS OF SPOUSES NIEVES AND ALFREDO BALDONADO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, summary judgment is hereby rendered in favor of petitioner and against respondents as follows: Declaring the petitioner as the absolute owner of the real properties, including the improvements existing thereon, and more particularly described in the document denominated as "Kasulatan ng Bilihang Muling Mabibili" dated August 10, 1990; Ordering the Register of Deeds, Laguna, Calamba Branch, to cancel TCT No. T-161470 in the name of respondents and to issue another one in the name of petitioner; Ordering the Municipal Assessor of Cabuyao, Laguna, to cancel Tax. Decl. No. 12258 in the name of respondents and to issue a new one in the name of petitioner; Ordering the respondents to deliver the duplicate copy of the aforesaid document and title to the Municipal Assessor of Cabuyao, Laguna and the Register of Deeds of Laguna, Calamba Branch; Ordering the respondents to deliver to petitioner the possession of the subject real properties, including the improvements thereon; and Ordering the respondents to pay petitioner the sum of P30,000.00 [for] attorney's fees and the sum of P6,000.00 as litigation expenses plus the sum of P500.00 per appearance in court including the costs of this suit. Petitioner's claim for moral and exemplary damages is hereby dismissed for want of evidence. Soon after the finality of the summary judgment, let a writ of execution and a writ of possession be issued accordingly. SO ORDERED.