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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