This case has been cited 1 times or more.
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2002-02-27 |
BELLOSILLO, J. |
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| Accept from the complainants [herein private respondents] the amount of P1,958,000.00 covered and contained in the Manager's Check duly tendered to it. The complainants are accordingly directed to redeliver and again tender to the respondent [herein petitioner] the payment previously refused; 2. Immediately thereafter, execute a Deed of Absolute Sale in favor of the complainants and deliver the corresponding Transfer Certificate of Title over Lot 25, Block 1 of the EVC Emerald Estate free from all liens and encumbrances; 3. Deliver and transfer the possession or occupancy of the subject Cullinan House in favor of the complainants in the same complete condition and fit state as promised in the contract upon completion thereof and/or pursuant to respondent's representations; 4. Pay the complainants as and by way of damages the amount of Three Hundred Thousand (P300,000.00) Pesos and the amount of One Hundred Thousand (P100,000.00) Pesos by way of attorney's fees, and cost of litigation in the amount of Five Thousand (P5,000.00) Pesos. The counterclaims prayed for by respondent are hereby denied for lack of merit.[3] On 21 June 1996 the HLURB upheld the Decision.[4] On 12 March 1998 the Office of the President likewise sustained the Decision but deleted the award of moral damages. On 29 May 1998 reconsideration was denied.[5] On 7 August 1998 the petition for review of petitioner with the Court of Appeals was dismissed for insufficiency of the certificate of non-forum shopping. On 8 October 1998 the appellate court denied reconsideration thereof.[6] On 7 December 1998 we dismissed the petition for review on certiorari of the CA Decision for failure of petitioner Jose Clavano, Inc. to submit a written explanation for substituted service thereof upon the respondents spouses and the Court of Appeals.[7] | |||||