G.R. No. 138544 - SECURITY BANK AND TRUST COMPANY, INC., VS. RODOLFO M. CUENCA.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the judgment appealed from is hereby amended in the sense that defendant-appellant Rodolfo M. Cuenca [herein respondent] is RELEASED from liability to pay any amount stated in the judgment. "Furthermore, [Respondent] Rodolfo M. Cuenca's counterclaim is hereby DISMISSED for lack of merit. "In all other respect[s], the decision appealed from is AFFIRMED ." [2] Also challenged is the April 14, 1999 CA Resolution, [3] which denied petitioner's Motion for Reconsideration. Modified by the CA was the March 6, 1997 Decision [4] of the Regional Trial Court (RTC) of Makati City (Branch 66) in Civil Case No. 93-1925, which disposed as follows: "WHEREFORE, judgment is hereby rendered ordering defendants Sta. Ines Melale Corporation and Rodolfo M. Cuenca to pay, jointly and severally, plaintiff Security Bank & Trust Company the sum of P39,129,124.73 representing the balance of the loan as of May 10, 1994 plus 12% interest per annum until fully paid, and the sum of P100,000.00 as attorney's fees and litigation expenses and to pay the costs. SO ORDERED.