G.R. No. 114118 August 28, 2001
Lessons Applicable: Definition and Concept of Damages (Torts and Damages)
Lessons Applicable: Definition and Concept of Damages (Torts and Damages)
Laws Applicable:
FACTS:
- April 15, 1942: Serapio Borlado sold the lot to Francisco Bacero
- February 1948: His widow Amparo Dionisio Vda. de Bacero, as legal guardian of her minor children, sold the lot to the Spouses Bienvenido Bulan and Salvacion Borbon and they declared the lot in the name of Bulan for Tax Declaration purposes and obtained the continuous, peaceful, uninterrupted, adverse and exclusive possession of the lot until November 4, 1972 when heirs of Simeon Borlado forcibly entered and wrested physical possession from them.
- November 23, 1972: Spouses filed with the MTC a complaint for ejectment
- MTC: in favor of the spouses. The heirs were ordered to vacated the lot and pay 100 cavans of palay annually from 1972 until they vacate the premises and P5K for attorneys fees and cost of suit
- RTC: dismissed for lack of cause of action in a decision
- CA: affirmed
ISSUE: W/N the 100 cavans of palay is an acceptable form of damages
HELD: NO. Affirm with modification. Deleting the 100 cavans of palay for lack of basis.
- “Palay” is not legal tender currency in the Philippines.