G.R. No. 222737 - HEIRS OF JOSEFINA GABRIEL, VS. SECUNDINA CEBRERO, CELSO LAVIÑA, AND MANUEL C. CHUA.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered in favor of the plaintiff ordering the defendant as follows: To pay to the Court the sum of P8,000,000.00; To pay interest to the Court on the P8,000,000.00 liability beginning July 1, 1991 until fully paid pursuant to the terms agreed upon in the amendment to the Real Estate Mortgage; To pay attorneys (sic) fees equivalent to 10% (ten percent) of the total liability due under and as stipulated in the Real Estate Mortgage in Exh. G; And in the alternative, in default of payment under the award appearing in paragraph 1, 2, and 3 above, after 90 days from date of service hereof, pursuant to Rule 68, Sec. 2 of the Rules of Court, the said property was covered by the Real Estate Mortgage, particularly plaintiffs (sic) undivided share or interest in the property consisting of her 1/2 conjugal share plus her inheritance consisting of 1/9 of 1/2 of the property covered by the mortgage, shall be sold at public auction to realize the mortgage, debts and costs and the sheriff is ordered to turn over to plaintiff from the proceeds of the sale, the amount of P8,000,000.00 representing the principal sum due under the mortgage plus 18% interest thereon per annum from July 1, 1991 and attorney's fees equivalent to 10% (ten percent) of the total liability of defendant plus costs of suit and expenses of litigation. The sheriff is likewise directed to deliver to the defendant the excess, if any, of the proceeds of the sale after deducting the foregoing amounts. SO ORDERED.