Title
Supreme Court
Amonoy vs. Spouses Gutierrez
Case
G.R. No. 140420
Decision Date
Feb 15, 2001
Attorney Sergio Amonoy foreclosed mortgaged lots, demolished heirs' house despite a TRO, leading to Supreme Court ruling his actions as abuse of rights, holding him liable for damages.

Case Digest (G.R. No. 140420)
Expanded Legal Reasoning Model

Facts:

  • Settlement of Julio Cantolos’s Estate (1965–1969)
    • Special Proceedings No. 3103, CFI Pasig: Six parcels in Tanay, Rizal partitioned; two lots adjudicated to Asuncion Pasamba and Alfonso Fornilda; attorney’s fees of P27,600 secured by real estate mortgage on those two lots.
    • Estate closure and deaths: Taxes paid and estate closed August 6, 1969; Pasamba died February 24, 1969; Fornilda died July 2, 1969; Angela Gutierrez among his heirs.
  • Foreclosure and Auction Sales (1970–1973)
    • Foreclosure Case No. 12726 (January 21, 1970): Amonoy sued heirs for unpaid fees; September 28, 1972 judgment required payment of P27,600 (fees), P11,880 (harvest value), P9,645 (additional fees), failing which lots to be auctioned.
    • Sales and confirmation: First auction held March 23, 1973; Amonoy highest bidder at P23,760; bid confirmed May 2, 1973; deficiency sale followed with Amonoy bidding P12,137.50; included lot with respondents’ house.
  • Post-Sale Remedies and Demolition Orders (1973–1988)
    • Annulment suit No. 18731 filed December 19, 1973; CFI dismissed November 7, 1977; CA affirmed July 22, 1981; CFI issued Writ of Possession July 25, 1985; notice to vacate August 26, 1985; demolition orders April 25 and May 6, 1986.
    • Supreme Court intervention: G.R. No. L-72306 filed September 27, 1985; TRO granted June 2, 1986 (served June 4, 1986); October 5, 1988 SC Decision permanently enjoined demolition and ordered return of parcels unless conveyed to innocent third parties—yet respondents’ house had already been destroyed.
  • Damages Suit and Appellate Proceedings (1989–2001)
    • Complaint for damages filed December 15, 1989 before RTC Tanay, Rizal; RTC dismissed suit January 27, 1993.
    • Court of Appeals (CA) in CA-GR CV No. 41451 set aside RTC decision April 21, 1999, awarding P250,000 actual damages; CA denied reconsideration October 19, 1999; petition for review under Rule 45 filed with the Supreme Court.

Issues:

  • Whether the Court of Appeals correctly held petitioner Sergio Amonoy liable for damages to respondents spouses Gutierrez arising from the demolition of their house.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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