THIRD DIVISION
[G.R. No. 231732. November 22, 2017.]
CLAUDINE DARZA, defendant-appellant,vs. HEIRS OF CORNELIO ARDA, NAMELY: FRANCISCO ARDA, ET AL.; SPOUSES JOSE JOEL L. TAN AND MA. EUNICE TAN; AND THE REGISTER OF DEEDS OF CEBU CITY, plaintiffs-appellees.
[G.R. No. 231906. November 22, 2017.]
DAMIANA J. GACAYAN, defendant-appellant,vs. SPOUSES JOSE L. TAN AND MA. EUNICE TAN AND CLAUDINE DARZA, plaintiffs-appellees.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 22, 2017, which reads as follows: HTcADC
"G.R. No. 231732 (Claudine Darza vs. Heirs of Cornelio Arda, namely: Francisco Arda, et al.; Spouses Jose Joel L. Tan and Ma. Eunice Tan; and the Register of Deeds of Cebu City); and G.R. No. 231906 (Damiana J. Gacayan vs. Spouses Jose L. Tan and Ma. Eunice Tan and Claudine Darza). — Considering the allegations, issues and arguments presented, the Court resolves to DENY the consolidated petitions for failure to show that the Court of Appeals committed any reversible error in its assailed Decision dated September 23, 2016 and its Resolution dated March 17, 2017 as to warrant the exercise of the Court's appellate jurisdiction.
The CA's imposition of the interest at the rate of 6% per annum from the date of execution of the REM until fully paid must, however, be modified. From the finality of a judgment awarding a sum of money until it is satisfied, the award shall be considered a forbearance of credit, regardless of whether the award in fact pertained to one. 1 To be consistent with Nacar v. Gallery Frames, 2 and in accordance with Section 1 of Resolution 796 of the Monetary Board of the Bangko Sentral ng Pilipinas dated May 16, 2013, the interest on the monetary awards shall then be fixed at 6% per annum from July 1, 2013, until satisfaction thereof.
IN VIEW OF THE FOREGOING, the consolidated petitions are DENIED. The Decision dated September 23, 2016 and the Resolution dated March 17, 2017 of the Court of Appeals in CA-G.R. CV No. 02022 are hereby AFFIRMED with MODIFICATION that plaintiffs-appellees Heirs of Cornelio Arda are directed to pay defendant-appellant Darza their loan in the amount of Seven Hundred Thousand Pesos (PhP700,000.00) with:
a) interest of twelve percent (12%) per annum, computed from the date of execution of the Real Estate Mortgage to June 30, 2013 and six percent (6%) per annum from July 1, 2013 up to the finality of this decision; and
b) a 6% legal interest per annum on the total amount due from the finality of this judgment until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Davao Holiday Transport Services Corporation v. Spouses Eulogio and Carmelita Emphasis, G.R. No. 211424, November 26, 2014, citing S.C. Megaworld Construction and Development Corporation v. Parada, G.R. No. 183804, September 11, 2013, 705 SCRA 584, 609.
2. G.R. No. 189871, August 13, 2013, 703 SCRA 439.