Saturday, July 14, 2012

Sergio Amonoy vs. Spouses Jose and Angela Gutierrez


February 15, 2001 351 SCRA 73
Ponente: Justice Panganiban

Facts: The case springs from Special Proceedings of estate of Julio Cantolos. Amonoy was the counsel of the intestate. The attorney’s fee charged was P27,000.00 and 2 of the intestate, Asuncion Pasamba and Alonso Formilda executed a real estate mortgage of the 2 parcels of land adjudicated for them in favor of Amonoy to secure the said attorney’s fee. It was only on August 6, 1969 when the taxes are paid, claims are settles and properties adjudicated, the real estate was declared closed and terminated. Amonoy filed a civil case because he was not paid, but the fees were decreased. On September 1972, judgment was in favor of Amonoy ordering the heirs to pay within 90 days and if not 2 lots will be sold for public auction. Amonoy was the highest bidder and included were the lot where the house of the Gutierrez’s was built. On September 1985 twin motions were filed and a TRO was issued. The decision of the SC was promulgated but the house was already demolished. A complaint for damages were filed in the RTC, dismissed the suit. On appeal to the CA, the RTC was set aside and ordering the petitioner  to pay.

Issue: Whether or not the petitioner is liable for damages?

Held: This case cannot be one of those cases that held “damnum absque injuria.”  Clearly then, the demolition of respondents’ house by petitioner, despite his receipt of the TRO, was not only an abuse but also an unlawful exercise of such right In insisting on his alleged right, he wantonly violated this Court’s Order and wittingly caused the destruction of respondents’ house. 

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