Case Digest (G.R. No. 95625)
Facts:
Hiyas Savings and Loan Bank v. Court of Appeals, G.R. No. 95625, October 04, 1991, Supreme Court First Division, Medialdea, J., writing for the Court.In Civil Case No. 6821-M (Regional Trial Court of Bulacan, Branch 15) plaintiffs-spouses Delfin Mendoza and Solita Santos and spouses Felix Santos and Demetria Pacheco sued for annulment of a mortgage and sought preliminary injunction to restrain foreclosure; Hiyas Savings and Loan Bank was one of the defendants. After trial the RTC rendered judgment dismissing the plaintiffs' complaint, ordered the lifting of the preliminary injunction, and adjudged the plaintiffs jointly and severally to pay Hiyas P200,000.00 (principal) with 14% interest per annum from January 10, 1982 until paid, ten percent (10%) of the amount due as attorney's fees, and costs; in default the mortgaged properties were to be sold at public auction. No appeal was taken and the judgment became final and executory.
On June 7, 1989 the private respondents deposited two treasury checks totaling P428,600.00 in court in purported satisfaction of the judgment; Hiyas applied P40,735.35 as attorney's fees. On August 18, 1989 Hiyas filed an amended motion for execution asserting the total liability was P448,941.92 (principal + interest to June 7, 1989 + 10% attorney's fees computed on principal plus interest + costs), leaving an alleged unsatisfied balance of P20,250.38. The RTC denied the amended motion on September 4, 1989 and denied reconsideration on November 16, 1989.
Hiyas filed a special civil action for certiorari with the Court of Appeals (CA-G.R. SP. No. 21002) contending the trial judge acted in excess of jurisdiction by construing the 10% attorney's fees as referring to the principal only and b...(Pro-only)
Issues:
- Did the trial court act in excess of its jurisdiction in denying the amended motion for execution by effectively fixing attorney's fees as ten percent of the principal only and thereby substantially amending a final and execu...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)