ADVERTISEMENT
SECOND DIVISION
[G.R. No. 196979. November 11, 2020.]
HEIDELBERG MOTORS CORPORATION, petitioner, vs. JOHN Q. LIM, GENERAL MOTORS AUTOMOBILES PHILIPPINES, INC., HAROLD KOH AND ROBERT SHAW, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 November 2020 which reads as follows:
"G.R. No. 196979 (Heidelberg Motors Corporation v. John Q. Lim, General Motors Automobiles Philippines, Inc., Harold Koh and Robert Shaw). — After a judicious review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed reversible error in rendering its December 15, 2010 Decision 1 and May 19, 2011 Resolution 2 as to warrant the Court's exercise of its discretionary appellate jurisdiction.
Herein petitioner raised issues which are factual in nature. However, the Court is not a trier of facts. 3 A petition for review under Rule 45 of the Rules of Court should only cover questions of law. By way of exception, the Court resolves factual issues when, among others, the factual findings of the CA and the trial courts are contradictory, the judgment is based on a misapprehension of facts, or the CA manifestly overlooked certain relevant and undisputed facts that, if properly considered, would justify a different legal conclusion. 4 None of the established exceptions is present in this case.
The interest imposed by the Regional Trial Court, Makati City, Branch 64, and affirmed by the CA should be modified in view of Bangko Sentral ng Pilipinas Monetary Board Circular No. 799. 5 Hence, the amount of P5,230.00 representing actual damages shall be subject to legal interest of twelve percent (12%) per annum from May 7, 2002 until June 30, 2013. Starting July 1, 2013, the prevailing rate of interest shall be six percent (6%) per annum until full payment. The exemplary damages and attorney's fees in the amount of P50,000.00 each, respectively, shall also earn legal interest at the rate of 6% per annum from the finality of this resolution until fully paid.
Finally, the law office of Fortun Narvasa and Salazar, counsel for respondent John Q. Lim (respondent Lim), filed a Manifestation and Motion 6 stating that despite diligent efforts, they failed to establish any contact with respondent Lim since the CA promulgated its decision; that respondent Lim failed to communicate with them despite their requests for return call at his last known contact numbers; and that he failed to pay their fees. Counsel prays that it be relieved from representing respondent Lim in this case.
Under Canon 22 of the Code of Professional Responsibility, lawyers shall be allowed to withdraw their services only for good cause and with the consent of their clients. 7 However, the Court may relieve a lawyer from further representing a client when the latter stops having any contact with the lawyer who is left without the usual means which are indispensable in the successful, or at least, proper defense of the client's cause. 8
The Court had required counsel to secure the conformity of respondent Lim, but counsel's attempts proved in vain. 9 We deem that such efforts exerted by counsel to find respondent Lim is sufficient to establish that the client has abandoned his cause and left his counsel without adequate means to successfully protect his interest in this case. Hence, We grant the motion filed by counsel to be relieved from representing respondent Lim.
WHEREFORE, the petition is DENIED. The December 15, 2010 Decision and May 19, 2011 Resolution of the Court of Appeals in CA-G.R. CV No. 86425 are hereby AFFIRMED with the following MODIFICATIONS:
1. The amount of P5,230.00 representing actual damages shall be subject to legal interest of 12% per annum from May 7, 2002 until June 30, 2013, and thereafter at the rate of 6% per annum until full payment.
2. The amounts of P50,000.00 representing exemplary damages and P50,000.00 as attorney's fees shall earn legal interest at the rate of 6% per annum from the finality of this Resolution until fully paid.
The Court NOTES and GRANTS the Manifestation and Motion dated November 28, 2011 filed by the Fortun Narvasa and Salazar law office to be relieved as counsel for respondent John Q. Lim. Counsel is ORDERED to furnish the Court with the last known address and contact number of respondent Lim.
Costs against the petitioner.
SO ORDERED. (Rosario, J., designated additional member per Special Order No. 2797 dated November 5, 2020)"
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 10-25; penned by Associate Justice Jane Aurora C. Lantion with Presiding Justice Andres B. Reyes, Jr. (a retired Member of this Court) and Associate Justice Japar B. Dimaampao, concurring.
2.Id. at 27-28.
3.Microsoft Corporation v. Farajallah, 742 Phil. 775, 785 (2014).
4.Philippine Independent Church v. Bishop Martin Basañes, G.R. No. 220220, August 15, 2018, citing Land Bank of the Philippines v. Monet's Export & Mfg. Corp., 493 Phil. 327, 338-339 (2005).
5.Nacar v. Gallery Frames, 716 Phil. 267 (2013); Spouses Silos v. Philippine National Bank, 738 Phil. 156, 200 (2014).
6.Rollo, pp. 553-555.
7. Canon 22, Code of Professional Responsibility.
8.Republic v. CFI of Lanao del Norte, Br. II, 153 Phil. 60, 92-93 (1973).
9.Rollo, p. 559.