G. R. No. 38842. July 07, 1934
BERNABE, APPLICANT AND APPELLANT, VS. MARIANO A. DE VILLA ET AL., OPPOSITORS AND APPELLEES.
J. STEVENS-ACTING CLERK OF COURT
The Court having regularly acquired jurisdiction
for the trial of the above-entitled cause submitted by both parties for
decision, after consideration thereof by the Court upon the record, its
decision and order for judgment having been filed on the 21st day of
June, A. D. nineteen hundred and thirty-four;
By virtue thereof it is hereby adjudged and decreed
that the judgment of the Court of First Instance of Batangas; dated the
19th day of August, nineteen hundred hundred and thirty-two and from
which the above-entitled appeal was taken, be, and the same is hereby
affirmed with the modification that the oppositors should pay to the
applicant the promotional part of the expenses incurred by the
petitioner for the survey of the lot in question and the other expenses
incurred by him as fees for registration of his application and the
publication thereof. As it appears that three parcels of land are
included in the application of the applicant-appellant, the portion of
the expenses to be paid by the oppositors will be that the
corresponding to lot no. 2. If the clerk of the court of First Instance
of Batangas cannot determine the portion of the strickly necessary
expenses incurred by the applicant with regard to Lot No. 2, the trial
court is hereby authorized to ascertain the amount that the oppositors
are obliged to pay the applicant in accordance with the provisions of
section 37 of Act 496, as amended, with costs in this instance against
the appellant-appellant.
It is further ordered that the oppositors-appellees recover from the appellant-appellant the sum of P40.00 as costs.