THIRD DIVISION
[G.R. No. 166462. September 30, 2013.]
P.L. UY REALTY CORPORATION, petitioner, vs. ALS MANAGEMENT AND DEVELOPMENT CORPORATION AND ANTONIO K. LITONJUA, respondent.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated September 30, 2013, which reads as follows:
G.R. No. 166462 (P.L. Uy Realty Corporation vs. ALS Management and Development Corporation and Antonio K. Litonjua). — For consideration of the Court is a Motion for Reconsideration dated November 28, 2012 filed by petitioner P.L. Uy Realty Corporation. The Motion seeks a reversal of this Court's Resolution dated October 24, 2012 which denied the instant petition.
An examination of the issues raised in the Motion for Reconsideration readily reveals that the same are a mere rehash of the issues raised in the petition and which were already exhaustively passed upon in the assailed Resolution. Thus, the instant Motion for Reconsideration must be denied.
In view, however, of Circular No. 799, Series of 2013, entitled Rate of Interest in the Absence of Stipulation, issued by the Bangko Sentral ng Pilipinas (BSP), which took effect on July 1, 2013, the interest rate imposed by the trial court must be changed. The Circular reads:
The Monetary Board, in its Resolution No. 796 dated 16 May 2013, approved the following revisions governing the rate of interest in the absence of stipulation in loan contracts, thereby amending Section 2 of Circular No. 905, Series of 1982:
Section 1.The rate of interest for the loan or forbearance of any money, goods or credits and the rate allowed in judgments, in the absence of an express contract as to such rate of interest, shall be six percent (6%) per annum.
Accordingly, the 12% interest imposed by the Pasig Regional Trial Court (RTC) on the Real Estate Taxes paid by respondent ALS Management and Development Corporation must be reduced to 6% per annum from the time the BSP Circular took effect on July 1, 2013.
WHEREFORE, premises considered, the Motion for Reconsideration dated November 28, 2012 is DENIED with the MODIFICATION that the interest imposed on the reimbursement of the payment of real estate taxes is reduced from 12% to 6% per annum for the period July 1, 2013 until the full payment thereof, in view of Bangko Sentral ng Pilipinas Circular No. 799, Series of 2013. The dispositive portion of the RTC Decision dated November 17, 1993 is hereby AMENDED to read as follows:
WHEREFORE, premises considered, the present Complaint is hereby ordered DISMISSED for being premature.
On the counterclaim, the plaintiff is hereby ordered to reimburse the defendant-corporation the amount of P131,331.20 representing the real estate taxes paid by the latter with 12% interest thereon from the time of their actual payments to the Government until June 30, 2013 and 6% interest from July 1, 2013 until the same are fully reimbursed.
The other counterclaims are hereby ordered DISMISSED for want of sufficient merits. (Emphasis supplied.)
(Mendoza, J.,on official leave;Reyes, J.,designated Member per Special Order No. 1557 dated September 19, 2013.)
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court