575 Phil. 274
CARPIO MORALES, J.:
Respondents, denying petitioners' claim that the second unit was 95% complete when they moved in, claimed that only the roofing, posts, and rough walling were installed by petitioners, with Natividad providing cash
- Ordering defendants jointly and severally to pay the plaintiffs the amount of One Hundred Sixty Thousand Pesos (P160,000.00), representing the total expenses incurred by plaintiffs for the construction of the duplex unit occupied by the defendants, plus reasonable interest thereon;
- Ordering the defendants, in the event that they choose not to lay further claim on the said duplex unit in question, to pay the plaintiffs as follows:
(a) In the case of the defendants Albarillos, the sum of P74,000.00;
(b) In the case of the defendant Lenida Anchinges, the sum of P86,000.00, or the total rentals over the duplex unit reckoned at P4,000.00 per month up to the time she vacates the premises thereof, with interest;
- Ordering defendants Albarillos to pay the plaintiffs the sum of P96,000.00 as actual damages incurred by plaintiffs in the prosecution of Civil Case No. 4132 in the Municipal [sic] Trial Court;
- Ordering the defendants to pay the plaintiffs attorney's fees in the amount of P30,000.00, plus all other litigation expenses in the present case, including counsel's appearance fees in court, as may be proved in the course [of] trial;
- Ordering the defendants to pay the plaintiffs moral and exemplary damages in such amounts as this Honorable Court may deem reasonable;
- Ordering the defendants to pay the costs of suit,and for other reliefs as may be just and equitable.
On petitioners' Motion for Reconsideration, the RTC awarded interests on the judgment debt, moral damages, and attorney's fees.
- ordering defendants jointly and severally to pay plaintiffs the amount of P160,000.00 representing the total expenses incurred by plaintiffs for the construction of the duplex unit occupied by the defendants;
- in the event that the defendants choose not to hold on to the duplex unit in question, they are still liable to pay the plaintiffs, as follows:
(2.1) the amount of P74,000.00 in the case of the Albarillos [spouses] as rentals of the premises in question from November 1, 1990 up to May 14, 1992;
(2.2) in case of the defendant Lenida Anchinges, the amount representing the monthly rental of P4,000.00 of the premises from May 15, 1992 until she shall have vacated the premises.
SO ORDERED. (Underscoring supplied)
The petition is bereft of merit.
- In holding that petitioners have no authority to build a duplex house on the site in question;
- In decreeing that there is no evidence to show that it was petitioners who constructed the second unit of the duplex house;
- In finding that there is no evidence to show that the second unit of the duplex house was indeed 95% complete; and
- In eventually dismissing plaintiffs' claims for damages.
On the basis of petitioners' above-referred to Exhibit "A" (the MeTC Order in the ejectment case), the RTC concluded that "uncontroverted is the fact that the defendants had admitted their obligation to refund the expenses incurred by the plaintiffs for completing 95% of the construction of the said duplex unit per Order of the Metropolitan Trial Court, Br. 32, of Quezon City, dated June 4, 1992 (Exhibit `A')."
EXH. “A” - Description : – A true copy of the Order of the Metropolitan Trial Court, Br. 32, of Quezon City , dated June 4, 1992, in the [ ejectment ] case entitled “Spouses Abner and Estrella Anchinges vs. Spouses Fermin and Lorna Albarillo, et al.,” Civil Case No. 4132 ( for ejectment ); “A-1” -
Third paragraph of Exh . “A”, mentioned above.
Purpose : To prove that, prior to the filing of the abovementioned case before this Court, the plaintiffs herein had filed an ejectment suit against the same defendants herein, over the second unit of the duplex subject of the present suit; that the defendants herein, along with their mother, Mrs. Natividad Anchinges , would reimburse the amounts the plaintiffs had spent for constructing the duplex unit in question; and that the parties therein had agreed to talk amicably about the settlement of the plaintiff's claims.
“B” - Description : Copy of the same Order of June 4, 1992 , already marked as Exh . “A”; “B-1” and “B-2” - Description : Two pages of the bill of materials and cost estimates for the construction of the second unit of the duplex built by the plaintiffs, as submitted by the architect, pursuant to Exh . “B.” - Purpose : - To prove that the plaintiffs submitted the cost estimates to the court (MTC Br. 32, Q.C.), pursuant to the Order dated June 4, 1992, instead of the receipts for the constructions; and to prove that the plaintiffs spent no less than P114,371.00 for the construction of the duplex unit now occupied by the defendants. “C” - Description : Certification dated June 24, 1981 , by Nicanor del Mundo , owner of the lot on which was built the duplex unit now occupied by the defendants. Purpose : To prove that, when the plaintiffs built the duplex, one unit of which was on their own lot, the owner of the adjoining lot gave them permission to build the duplex's second unit on his own lot.  (Emphasis supplied)
The above-quoted portions of Exhibit "A" reflect an agreement among the parties in the ejectment case to discuss their respective accounts to each other relative to the P100,000 partial cost of construction. The RTC's conclusion that respondents "admitted [in the ejectment case] their obligation to refund the expenses incurred by [herein petitioners] for completing 95% of the construction" is thus incorrect.x x x x
A review of the Order dated May 7, 1992 was conducted and the discussion focused on item No. 1 of the first paragraph of said Order. The parties re-affirmed the same as already settled. It was agreed that plaintiff Abner Anchinges shoulder the amount of P20,000.00 while the other P20,000.00 will be shouldered by defendant Lorna Albarillo.
With respect to item No. 2 of the first paragraph, the parties agreed to confer among themselves and exchange accounts of records to liquidate the said P100,000.00. The parties also agreed that plaintiff and Mrs. Natividad Anchinges confer regarding the liquidation of their respective accounts to each other.x x x x
For purposes of finally resolving any and all conflicts between and among all the parties in this case and the other members of their family who are not parties to this case, both parties as well as Mrs. Natividad Anchinges and Dr. Lelida [sic] Anchinges all agreed to have a comprehensive amicable settlement which shall include not only the instant case but also other case(s) among all the family membersx x x x. (Emphasis and underscoring supplied)