G.R. No. 109648 - PH CREDIT CORPORATION, VS. COURT OF APPEALS AND CARLOS M. FARRALES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered DISMISSING: a) CA-G.R. SP No. 23324, for being moot and academic, and b) CA-G.R. SP No. 25714, for lack of merit." [4] The assailed Resolution denied petitioner's Motion for Reconsideration. The Facts The facts of the case are summarized by the Court of Appeals in this wise: "These two cases have been consolidated because they involve the same parties and/or related questions of [f]act and/or law. x x x x x x x x x "I. CA-G.R. SP NO. 23324 "PH Credit Corp., filed a case against Pacific Lloyd Corp., Carlos Farrales, Thomas H. Van Sebille and Federico C. Lim, for [a] sum of money. The case was docketed as Civil Case No. 83-17751 before the Regional Trial Court, Branch 51, Manila. After service of summons upon the defendants, they failed to file their answer within the reglementary period, hence they were declared in default. PH Credit Corp., was then allowed to present its evidence ex-parte . "On January 31, 1984, a decision was rendered, the dispositive portion of which reads as follows: `WHEREFORE, judgment is hereby rendered in favor of plaintiff PH Credit Corporation and against defendants Pacific Lloyd Corporation, Thomas H. Van Sebille, Carlos M. Farrales, and Federico C. Lim, ordering the latter to pay the former, the following: `A) The sum of P118, 814.49 with interest of 18% per annum, starting December 20, 1982 until fully paid; `B) Surcharge of 16% per annum from December 20, 1982; `C) Penalty Charge of 2% per month from December 20, 1982, computed on interest and principal compounded; `D) Attorney's fees in an amount equivalent to 25% of the total sum due; and `E) Costs of suit. `SO ORDERED.