G.R. No. 157353 - FOOD TERMINAL, INC., VS. HON. REYNALDO B. DAWAY, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 90, QUEZON CITY AND TAO DEVELOPMENT, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the decision appealed from is hereby AFFIRMED with MODIFICATIONS. Accordingly, judgment is hereby rendered as follows: a) Ordering the defendant Food Terminal, Inc. to pay appellee TAO Development, Inc. the amount of P2,400,168.00 as actual damages representing the loss sustained by the appellee; b) Ordering said appellant to pay said appellee the amount of P1,534,005.00 as unearned profits; and c) Ordering said appellant to pay said appellee the amount of P100,000.00 as attorney's fees. The above amounts shall earn interest at the rate of 12% per annum from May 15, 1984 until fully satisfied. No costs. SO ORDERED. [2] Undaunted, FTI sought further appellate recourse to this Court in G.R. No. 120097 , entitled Food Terminal, Inc. vs. Court of Appeals and Tao Development, Inc. [3] In a Resolution dated 23 September 1996 , this Court affirmed with modification the challenged decision of the Court of Appeals: ACCORDINGLY, the appealed decision is hereby AFFIRMED with the following modification: a) Ordering petitioner Food Terminal, Inc. to pay private respondent TAO Development, Inc. the amount of P2,400,168.00 as actual damages representing the loss sustained by the private respondent; b) Ordering petitioner to pay private respondent the amount of P1,534,005.00 as unearned profits; and c) Ordering petitioner to pay private respondent the amount of P100,000.00 as attorney's fees. These amounts shall earn interest at the rate of SIX PER CENT (6%) per annum from May 15, 1984 until fully satisfied, but before judgment becomes final. From the date of finality of the judgment until the obligation is totally paid, A TWELVE PER CENT (12%) interest, in lieu of the SIX PER CENT (6%) interest, shall be imposed. SO ORDERED. [4] It is not disputed that the aforementioned Resolution of this Court in G.R. No. 120097 became final and executory on January 6, 1997 and a corresponding Entry of Judgment made thereon. [5] In a letter of February 12, 1997, TAO demanded from FTI payment in satisfaction of the judgment in G.R. No. 120097 in the amount of P7,194,453.60 , broken down, as follows: P2,400,168.00 - actual damages 1,534,005.00 - unearned profits 100,000.00 - attorneys fees P4,034,173.00 3,063,282.03 - 6% interest from May 15, 1984 to Jan. 6, 1997 96,998.55 - 12% interest from Jan. 6, to Feb. 15, 1997 P7,194,453.60 . [6] In a reply letter of March 7, 1997, [7] FTI disagreed with TAOs foregoing computation and informed the latter that per its (FTIs) own computation, its obligation is less by P46,019.86 than that claimed by TAO. In effect, it is FTIs posture that its liability is only for P7,148,433.72 . Percentage wise, the variance is less than one percent or .64 percent. A new phase of legal battle between the herein parties began when, on May 5, 1997, TAO filed with the trial court a motion for execution, praying for the issuance of a writ of execution against FTI for the total amount of P7,440,729.48. [8] In a