Magaspi v. Ramolete

ABAD SANTOS, J.:

This is a petition for certiorari to review the actuations of the Court of First Instance of Cebu in Civil Case No.R-11882 in respect of the correct amount to be paid for the filing of the case as provided in Sec. 5, par. (a), Rule 141 of the Rules of Court. On September 16, 1970, the petitioners filed a complaint for the recovery of ownership and possession of a parcel of land with damages against The Shell Co. of the Philippines, Ltd. and/or The Shell Refining Co. (Phil.) Inc., Central Visayan Realty & Investment Co., Inc. and Cebu City Savings & Loan Association in the Court of First Instance of Cebu.

Upon filing and the payment of P60.00 as docketing fee and P10.00 for sheriff fees, the complaint was assigned Civil Case No. R11882. The complaint contains, among other prayers, the following: "3. To declare Transfer Certificate of Title No. 41215 issued in the name of the defendant Central Visayan Realty & Investment Co., Inc. as null and void and hence of no legal effect; "4.

That the herein plaintiffs in their capacity as heirs of the deceased spouses Crispulo Magaspi and Rosalia Rodis be declared as owners of the land in question; "5. That once declared as null and void, The Register of Deeds for the City and Province of Cebu be ordered to cancel the abovementioned Transfer Certificate of Title and issue another in their place in the name of the herein plaintiffs; "6. To order the defendants, The Shell Company of the Philippines Limited, formerly known as The Asiatic Petroleum Co. (P.I.), Ltd., and/or The Shell Refining Company (Phil), Inc., to pay the plaintiffs the amount of P3,500.00 a month representing unpaid monthly rentals starting from June 2, 1948 up to May 15, 1968, and to order all the defendants jointly and solidarity to pay the plaintiffs the amount of P3,500.00 a month representing unpaid monthly rentals starting from May 16, 1968 up to the date that the land is actually delivered to the herein plaintiffs; "7.

To order the defendants jointly and solidarily to return the ownership and possession of the lot in question to the herein plaintiffs; "8. To order the defendants jointly and solidarity to pay the plaintiffs the amount of P500,000.00 as moral damages and at. attorney's fees in the amount of P250,000.00 and the cost of this action; "9.

Exemplary damages be imposed on the defendants jointly and solidarity in the amount of P500,000.00 as an example and deterrent to any similar acts in the future. On September 18, 1970, Central Visayan Realty & Investment Co., Inc. and Cebu City Savings and Loan Assn. filed a motion to compel the plaintiffs to pay the correct amount for docket fee. The motion, omitting the confusing footnotes, reads: "1.

That the complaint of the plaintiffs contains or states two, if not three alternative causes of action: a) Reconveyance of real property. - Par. 4.

- That the herein plaintiffs in their capacity as heirs of the deceased spouses Crispulo Magaspi and Rosalia Rodis be declared as owners of the land in question; Par. 5. - That once declared null and void, the Register of Deeds for the City and Province of Cebu are ordered to cancel the above-mentioned Transfer Certificate of Title and issue another in their place in the names of the herein plaintiffs.

"If the plaintiffs are unable to have the property reconveyed and the title cancelled, having passed to an innocent purchaser for value, their recourse would be for damages, i.e., recovery of the value of the land and other damages. b) Recovery of the value of the land and Damages. - 1.

To order the defendants, to pay plaintiffs the amount of P3,500.00 a month representing unpaid monthly rentals starting from June 2, 1948 up to May 15, 1968, and to order all the defendants jointly and severally to pay the plaintiffs the amount of P3,500.00 a month starting from May 16, 1968 up to the date that the land is actually delivered to herein plaintiffs; 2. To order the defendants jointly and solidarily to pay the plaintiffs the amount of P500,000-00 as moral damages and attorney's fees in the amount of P250,000.00; 3. Exemplary damages be imposed on the defendants jointly and severally in the amount of P500,000.00; 4.

That because of the unlawful occupation and usurpation the plaintiffs suffered damages in the amount of P1,250,000.00 which is the reasonable market value of the land in question it being a first class commercial land. c) Cancellation of Titles. - 1.

To declare Transfer Certificate of Title No. 41215 null and void; 2. That each of these alternative causes of action is distinct and separate from each other. Each may be instituted by plaintiffs against the defendants and the same may constitute a valid cause of action.

Each constitutes an appropriate basis therefore, for determining the correct amount of the docket fee in this case; 3. That in the suit for reconveyance, the recovery of the improvements existing on the land is deemed included, since defendant Cebu City Savings is alleged to be a builder in bad faith. The value of existing improvement, i.e., assessed value is P70,000.00: 4.

Therefore, the docket fee should be: Docket fee Land and Improvement at P87,280.00 assessed value .................... P100.00 Recovery of Value of the Land and damages: a) P1,250,000.00 - Land value b) 500,000.00 - Moral Damages c) 500,000.00 - Exemplary Damages d) 250,000.00 - Attorney,s fees e) 890,633.24 - Monthly rentals up to date of filing of complaint 6,632.00