G.R. No. 154129 - TERESITA DIO, VS. SPOUSES VIRGILIO AND LUZ ROCES JAPOR AND MARTA[1] JAPOR.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, in CA-G.R. CV No. 51521, the decision of the trial court is AFFIRMED with MODIFICATION. Judgment is rendered as follows: Declaring the Real Estate Mortgage to be valid; Fixing the interest at 12% per annum and an additional 1% penalty charge per month such that plaintiffs-appellants' contractual obligation under the deed of real estate mortgage would amount to P1,252,674.00; Directing defendant-appellee Dio to give the surplus of P2,247,326.00 to plaintiffs-appellants; and Affirming the dissolution of the writ of preliminary injunction previously issued by the trial court. No pronouncement as to costs. The Petition in CA-G.R. SP No. 40457 is DENIED for being moot and academic. SO ORDERED.