THIRD DIVISION
[G.R. No. 224799. April 18, 2018.]
HERITAGE ANTIQUE SHOP, INC. AND SPOUSES MANUEL RICO H. TAN AND GLADYS TAN, petitioner,vs. SPOUSES JAIME G. GOLEZ AND MA. THERESA J. GOLEZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedApril 18, 2018, which reads as follows:
"G.R. No. 224799 (Heritage Antique Shop, Inc. and Spouses Manuel Rico H. Tan and Gladys Tan vs. Spouses Jaime G. Golez and Ma. Theresa J. Golez). — On December 13, 2017, this Court issued a Resolution, the dispositive portion of which reads:
WHEREFORE, the petition is DENIED. The May 29, 2015 Decision and April 22, 2016 Resolution of the Court of Appeals in CA G.R. CEB CV No. 01769 are hereby AFFIRMED with MODIFICATIONS. As modified, the judgment shall read, as follows:
WHEREFORE, the judgment appealed from is hereby REVERSED. Defendants-appellants are hereby ordered to pay plaintiffs-appellants the amount of P723,000.00, with legal interest of 12% per annum from the filing of the complaint on February 26, 2002, until June 30, 2013. From July 1, 2013 until finality of judgment, the interest shall be 6% per annum. Thereafter, the principal amount due as adjusted by interest shall likewise earn interest at 6% per annum until fully paid.
(Bersamin, J., on leave)
SO ORDERED."
Petitioners Heritage Antique Shop, Inc. (Heritage) and spouses Manuel Rico H. Tan and Gladys Tan (Spouses Tan) then filed a Motion for Partial Reconsideration with Motion to Correct Dispositive Portion dated February 1, 2018 of the adverted Resolution. After a meticulous review of the records, We find that petitioners fail to raise any new and substantial arguments or compelling reason as to warrant the reconsideration thereof.
Anent petitioners' motion for the correction of the dispositive portion of the Resolution, the same is well taken. To recall, We pronounced therein that the Spouses Tan are not liable for the liabilities of Heritage to the respondents spouses Jaime G. Golez and Ma. Theresa J. Golez, to wit:
Finally, petitioners Spouses Manuel Rico H. Tan and Gladys Tan, who are the president and corporate secretary, respectively, of Heritage Antique Shop, Inc. (Heritage), cannot be held jointly and severally liable with the latter. It is settled that the law vests corporations with a separate and distinct personality from those that represent these corporations; therefore, the general rule applied is that obligations incurred by the corporation, acting through its directors, officers and employees, are its sole liabilities. In the absence of malice, bad faith, or specific provision of law, a director or an officer of a corporation cannot be made personally liable for corporate liabilities. Notably, the CA did not deem it proper to award the moral damages prayed for by the respondents since there is no showing that petitioners evaded their obligation through fraud or bad faith. In view of the appellate court's own pronouncement exculpating the petitioners from the commission of fraud or bad faith, the Spouses Tan cannot be made liable for the corporate liabilities of Heritage to the respondents.
In view of the foregoing, the clarification of the fallo is in order.
WHEREFORE, the motion for reconsideration is hereby DENIED, while the motion to correct the dispositive portion of the Resolution dated December 13, 2017 is GRANTED. As corrected, the fallo of the Resolution shall read, as follows:
WHEREFORE, the petition is DENIED. The May 29, 2015 Decision and April 22, 2016 Resolution of the Court of Appeals in CA G.R. CEB CV No. 01769 are hereby AFFIRMED with MODIFICATIONS. As modified, the judgment shall read, as follows:
WHEREFORE, the judgment appealed from is hereby REVERSED. Defendant-appellant Heritage Antique Shop, Inc. is hereby ordered to pay plaintiffs-appellants the amount of P723,000.00, with legal interest of 12% per annum from the filing of the complaint on February 26, 2002, until June 30, 2013. From July 1, 2013 until finality of judgment, the interest shall be 6% per annum. Thereafter, the principal amount due as adjusted by interest shall likewise earn interest at 6% per annum until fully paid. The claims against Defendants-appellants Manuel Rico H. Tan and Gladys Tan are hereby dismissed.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court