FIRST DIVISION
[G.R. No. 236967. April 23, 2018.]
LARA'S GIFTS & DECORS, INC., petitioner, vs. ASAHI GLASS PHILIPPINES, INC., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows:
"G.R. No. 236967 (Lara's Gifts & Decors, Inc. v. Asahi Glass Philippines, Inc.). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period. AIDSTE
Before Us is a Petition for Review on Certiorari1 seeking to assail the Decision 2 dated September 22, 2016 and Resolution 3 dated January 19, 2018 of the Court of Appeals (CA) in CA-G.R. CV No. 105566, which affirmed the Decision 4 of the Regional Trial Court (RTC) of Pasig City, Branch 167 dated April 17, 2015.
The petition has no merit.
Well-settled is the rule that the jurisdiction of this Court in a petition for review on certiorari under Rule 45 is limited to reviewing only errors of law, not of fact, unless the factual findings complained of are completely devoid of support from the evidence on record, or the assailed judgment is based on a gross misapprehension of facts, 5 none of which exists in this case.
In unison, the RTC and the CA ruled that petitioner received glass products from respondent and that payment for which remained unsettled. The contention of petitioner that said glass products were not in good condition at the time of its belated delivery was not given consideration as there was no evidence proving the same. It must be noted that petitioner consistently received the goods without any reservation.
However, We modify the imposition of the interest rate on the judgment awarded in line with Our ruling in Dario Nacar v. Gallery Frames and/or Felipe Bordey, Jr.6 such that the interest of twelve percent (12%) per annum shall be computed from default or from April 15, 2002 to June 30, 2013 and six percent (6%) per annum from July 1, 2013 until its full satisfaction.
WHEREFORE, premises considered, the instant petition is hereby DENIED. Accordingly, the Decision dated September 22, 2016 and Resolution dated January 19, 2018 of the Court of Appeals in CA-G.R. CV No. 105566 are AFFIRMED with MODIFICATIONS in that, the interest rate on the judgment award at twelve percent (12%) per annum shall be computed from default or from April 15, 2002 to June 30, 2013 and six percent (6%) per annum from July 1, 2013 until its full satisfaction. SDAaTC
SO ORDERED." Sereno, C.J., on leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 13-41.
2. Penned by Associate Justice Marie Christine Azcarraga-Jacob, and concurred in by Associate Justices Ricardo R. Rosario and Edwin D. Sorongon. Id. at 46-60.
3.Id. at 62-65.
4. Penned by Judge Rolando G. Mislang. Id. at 513-518.
5.Meralco Industrial Engineering Services Corp. v. National Labor Relations Commission, et al., 572 Phil. 94, 117 (2008).
6. 716 Phil. 267 (2013).