Case Digest (G.R. No. 114521)
Facts:
Car Cool Philippines, Inc. v. Ushio Realty and Development Corporation, G.R. No. 138088, January 23, 2006, Supreme Court Third Division, Carpio, J., writing for the Court.This petition for review under Rule 45 assails the Court of Appeals Decision dated 13 August 1998 and Resolution dated 10 March 1999 in CA-G.R. SP No. 43134. The Court of Appeals had affirmed with modification the trial courts' rulings in an ejectment case, ordering petitioner Car Cool Philippines, Inc. ("CAR COOL") to pay respondent Ushio Realty and Development Corporation ("USHIO Realty") P18,000 monthly as reasonable compensation beginning 19 December 1995 until CAR COOL vacated the premises.
On 19 December 1995 USHIO Realty filed a complaint for ejectment to recover possession of a parcel at No. 72 (137) Quezon Avenue, Quezon City. USHIO Realty alleged it had purchased the property from the Spouses Hector and Gloria Hizon Lopez (the former owners) by an Absolute Deed of Sale dated 14 September 1995 and Transfer Certificate of Title dated 19 September 1995, and that CAR COOL continued occupying the premises despite prior demands to vacate. USHIO Realty sent demand letters (including a final demand on 3 December 1995) and filed ejectment when CAR COOL refused to surrender possession.
CAR COOL answered that it had a renewed lease agreement with Hector Lopez from 1 January 1995 to 31 December 1996 for P18,000 monthly and had paid advance rentals and additional security in 1995 and 1996; it also alleged that USHIO Realty’s agents forcibly entered the premises on 1 October 1995, demolished improvements and took personal property, and that CAR COOL filed criminal complaints (robbery with force upon things, malicious mischief, later amended to include grave coercion). CAR COOL separately filed a complaint for specific performance and damages against Hector Lopez on 21 November 1995 to compel execution of a written lease.
The Metropolitan Trial Court rendered judgment for USHIO Realty on 19 June 1996 ordering possession restored and directing CAR COOL to pay P18,000 per month beginning October 1995 until vacation, plus P20,000 attorney’s fees and costs. The Regional Trial Court affirmed on 28 October 1996. The Court of Appeals affirmed with modification, ruling the obligation to pay P18,000 mont...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in awarding damages in the form of rentals and attorney’s fees in favor of USHIO Realty...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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