G.R. No. 148163 - BANCO FILIPINO SAVINGS AND MORTGAGE BANK, vs. JUANITA B. YBAÑEZ, CHARLES B. YBAÑEZ, JOSEPH B. YBAÑEZ and JEROME B. YBAÑEZ.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered directing defendant Banco Filipino Savings and Mortgage Bank to render a correct accounting of the obligations of plaintiffs with it after eliminating interest from January 1, 1985 to July 1, 1994 when it was closed, and reducing interest from 21% to 17% per annum, at the time it was in operation, and totally eliminating [the] surcharge of 1% per month, within a period of fifteen (15) days from the time the judgment shall have become final and executory. Plaintiffs are directed to pay the bank within a period of thirty (30) days from the time they will receive defendant banks true and correct accounting, otherwise the order of injunction will be lifted/dissolved. Defendants are enjoined from foreclosing the real estate mortgage on the property of plaintiffs, unless the latter fail to pay in accordance with the [preceding] paragraph. Without special pronouncement as to costs. SO ORDERED.