G.R. No. 174219 - KLT FRUITS, INC., JOSEPH LAO TIAK BEN, MICHAEL LAO TIAN BEN, ARLENE LAO AND ROGELIO BUAN, VS. WSR FRUITS, INC. AND REGIONAL TRIAL COURT OF MANILA, BRANCH 20.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed of this Honorable Court that pending the hearing of the case, a Writ of Preliminary Attachment be issued against the properties of the defendants to secure the satisfaction of any judgment that may be recovered therein. It is further prayed that after due hearing on the principal cause of action, judgment be rendered ordering all the defendants, jointly and severally, to pay plaintiff the following: FOR THE REDISCOUNTING TRANSACTION : The amount of THREE MILLION NINE HUNDRED FOURTEEN THOUSAND AND NINE HUNDRED THIRTY-FOUR PESOS AND SEVENTY CENTAVOS (P3,914,934.70), Philippine Currency, representing the total obligation due and owing with interest, thereon at 5% per month from the date of filing of the complaint until the whole obligation is fully paid and satisfied; FOR THE PURCHASES: The amount of NINETY-FIVE THOUSAND FOUR HUNDRED PESOS AND SIX CENTAVOS (P95,400.06), Philippine Currency, representing the total obligation due and owing with interest, thereon at 18% per annum from the date of filing of the complaint until the whole obligation is fully paid and satisfied; The sum representing twenty-five percent (25%) of the total amount involved as attorneys fees plus P3,500 per court appearance; and Cost of suit. Plaintiff further prays for such relief deemed just and equitable under the premises. [9] WSR likewise sought to collect on unpaid purchases of bananas by KLT amounting to P90,830.00. KLT proceeded to file an Answer with cross-claim and counterclaim. [10] Issues having been joined, a full-blown trial on the merits ensued, with the parties presenting rebuttal and sur-rebuttal evidence. Consequently, on 26 May 2003, the RTC rendered a Decision, copy of which was received by KLT on 10 July 2003, ruling in favor of the WSR, in this wise: Premised on the foregoing consideration, the Court finds for the plaintiff and hereby renders its judgment ordering defendants KLT Corporation, Michael Lao Tian Ben and Leopoldo Gonzales jointly and severally To pay P3,685,766 to the plaintiff WSR Fruits, Inc. with legal interest; To pay plaintiff WSR Fruits, Inc. the amount of P90,830 for the bananas delivered on October 20 & 21, 1998 with legal interest; To pay a sum equivalent to 25% of the total amount due and payable as attorneys fees; To pay costs. For insufficient evidence, the case against defendants Arlene Lao, Joseph Lao Tiak Ben, Roger Buan and Leida Gonzales is ordered dismissed. Defendants[´] counter-claim is dismissed. [11] On 23 July 2003, KLT filed a Motion for Reconsideration of the above-quoted RTC Decision but the same was denied for lack of merit on 25 September 2003. KLT received a copy of the Order denying its Motion for Reconsideration on 13 October 2003. On 13 October 2003, KLT filed with the RTC a Notice of Appeal [12] of its Decision but without paying the appropriate docket fees . Thereupon, WSR filed on 24 October 2003 a Motion to Dismiss Appeal [13] on the grounds that, first, the notice of a