This case has been cited 1 times or more.
|
2013-09-11 |
REYES, J. |
||||
| A clerical mistake is one which is visible to the eyes or obvious to the understanding; an error made by a clerk or a transcriber; a mistake in copying or writing.[43] The Latin maxims Error placitandi aequitatem non tollit ("A clerical error does not take away equity"), and Error scribentis nocere non debit ("An error made by a clerk ought not to injure; a clerical error may be corrected") are apt in this case.[44] Viewed against the landmark case of Medel v. CA[45], an award of interest of 20% per month on the amount due is clearly excessive and iniquitous. It could not have been the intention of the trial court, not to mention that it is way beyond what the plaintiff had prayed for below. | |||||