THIRD DIVISION
[G.R. No. 221359. March 16, 2016.]
NATIONAL POWER CORPORATION, SUBSTITUTED BY THE NATIONAL TRANSMISSION CORPORATION, petitioner, vs. LUCITA ABIERA, NICETA LECAROS ROBLE, AND PRAXEDES TUBILLO, REPRESENTED BY JUANITA T. SANTIAGO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated March 16, 2016, which reads as follows:
"G.R. No. 221359(National Power Corporation, substituted by the National Transmission Corporation vs. Lucita Abiera, Niceta Lecaros Roble, and Praxedes Tubillo, represented by Juanita T. Santiago). — The Court resolves to NOTE the entry of appearance dated December 23, 2015, filed by the Office of the Government Corporate Counsel (OGCC) as counsel for National Transmission Corporation (TransCo), and GRANT its (1) motion for substitution stating that petitioner National Power Corporation (NPC) pursued expropriation and civil cases prior to the enactment of R.A. No. 9136 or the Electric Power Industry Reform Act of 2001 (EPIRA) consistent with its mandate under R.A. No. 6395, and TransCo was later created under the EPIRA to assume the management and operation of NPC's transmission lines and other facilities, and since NPC's interest in the subject matter of this case is ipso jure transferred to TransCo, there is a need to formally effect the substitution of the parties to avoid confusion and allow TransCo to fully assume its duty to pursue these proceedings, and stating further that the OGCC is TransCo's statutory counsel, hence, it is imperative that it be substituted in lieu of the Office of the Solicitor General, NPC's counsel, and (2) request that service of all orders and processes be sent to it at 3rd Floor, MWSS Bldg., Katipunan Road, Balara, Quezon City.
Considering the allegations, issues and arguments presented, the Court resolves to DENY the petition for being filed out of time. In any event, the petitioner failed to show that the Court of Appeals committed any reversible error in its assailed Decision dated May 14, 2015 and Resolution dated October 26, 2015 as to warrant the exercise of the Court's appellate jurisdiction.
The CA's increase of the rate of interest to 12% per annum from December 2, 1998 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 dated May 16, 2013 of the Monetary Board of the Bangko Sentral ng Pilipinas, 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 petition is DENIED. The Decision dated May 14, 2015 and Resolution dated October 26, 2015 in CA-G.R. CV No. 04869 are hereby AFFIRMED with MODIFICATIONS. Petitioner National Power Corporation is hereby ordered to pay respondents:
a) interest of twelve percent (12%) per annum of the determined just compensation, computed from December 2, 1998 to June 30, 2013 and six percent (6%) per annum from July 1, 2013 up to the finality of this decision. AScHCD
b) A 6% legal interest per annum on the total amount due from the finality of this judgment until fully paid.
(Jardeleza, J., no part due to prior action as Solicitor General; Caguioa, J., designated Additional Member per Raffle dated March 16, 2016)
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.