This case has been cited 3 times or more.
2008-12-17 |
LEONARDO-DE CASTRO, J. |
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The stipulated interest in this case is 12% per annum. As of July 1994, the total indebtedness of petitioners amounted to P1,321,313.00. From then on, the P1,321,313.00 should have earned the stipulated interest of 12% per annum plus attorney's fees equivalent to 5% of the total outstanding indebtedness. However, once the judgment becomes final and executory and the amount adjudged is still not satisfied, legal interest at the rate of 12% applies until full payment. The rate of 12% per annum is proper because the interim period from the finality of judgment, awarding a monetary claim and until payment thereof, is deemed to be equivalent to a forbearance of credit. The actual base for the computation of this 12% interest is the amount due upon finality of this decision.[15] | |||||
2007-03-07 |
YNARES-SANTIAGO, J. |
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The records show that the correct redemption price had been determined prior to the filing of the complaint for judicial redemption. Petitioner had been furnished updated Statements of Account specifying the redemption price even prior to the consolidation of the title of the foreclosed property in the bank's name. The inclusion of late payment charges, foreclosure expense, attorney's fees, liquidated damages, foreclosure fee, and interests therein was pursuant to the Loan Agreement. Considering that the Loan Agreement was read and freely adhered to by petitioner, the stipulations therein are binding on her.[37] | |||||
2005-10-14 |
CARPIO, J. |
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For the breach of obligation, the court, in its discretion, and applying Article 2209 of the Civil Code,[24] may award interest at the rate of 6% per annum on the amount of damages.[25] The spouses Heruela have been enjoying the use of the land since 1982. In 1995, they allowed their daughter and son-in-law, the spouses Pallori, to construct a house on the land. Under the circumstances, the Court deems it proper to award interest at 6% per annum on the balance of the purchase price. |