G.R. No. 179675 - SPOUSES JUANITO MAHUSAY AND FRANCISCA MAHUSAY, VS. B.E. SAN DIEGO, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered[,] the appealed Decision dated November 29, 1995, Regional Trial Court of Malabon, Branch 73, in Civil Case No. 1433-MN is hereby AFFIRMED with MODIFICATION , declaring the Agreement on October 13, 1989 or Exhibit C to be NULL AND VOID AB INITIO and DELETING the award of actual damages in the amount of P1,000,000.00. Accordingly, Appellants are hereby ordered to pay Appellee all the unpaid amortization including amortization yet to be paid until the expiration of the contract to sell. Costs against Appellants. [7] The CA Decision became final and executory, and entry of judgment was made in due course on January 19, 2002. [8] Thereafter, in the execution of the Decision, the parties disagreed, particularly in the computation of the amount to be paid by petitioners. On May 6, 2004, respondent filed a Motion for Clarification of the CA Decision. It prayed for the inclusion of the penalties and interest in the computation of unpaid amortizations, which it claimed is customary in real estate business and compliant with the Contracts to Sell, for the proper execution and implementation of the CA Decision. Petitioners opposed the motion by way of a Reply dated May 15, 2004. [9] On October 11, 2004, the CA issued a Resolution, as follows: Upon consideration of the Motion for Clarification[,] dated May 6, 2004, of the plaintiff-appellee, and the Reply of the defendants-appellants dated May 15, 2004, the Court holds by way of clarification of the dispositive portion of our Decision of December 20, 2001, which reads: WHEREFORE , premises considered[,] the appealed Decision dated November 29, 1995, Regional Trial Court of Malabon, Branch 73, in Civil Case No. 1433-MN is hereby AFFIRMED with MODIFICATION , declaring the Agreement on October 13, 1989 or Exhibit C to be NULL AND VOID AB INITIO and DELETING the award of actual damages in the amount of P1,000,000.00. Accordingly, Appellants are hereby ordered to pay Appellee all the unpaid amortization including amortization yet to be paid until the expiration of the contract to sell. Costs against Appellants. SO ORDERED.