G.R. No. 179880 - ROBERTO TOTANES, VS. CHINA BANKING CORPORATION.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the petition is DENIED for lack of merit. The Decision of the Court of Appeals dated June 26, 2007 and its Resolution dated September 19, 2007, in CA-G.R. CV No. 68795, are AFFIRMED . SO ORDERED . Ynares-Santiago, (Chairperson), Austria-Martinez, Chico-Nazario, and Leonardo-De Castro, * JJ., concur. * Additional member per Special Order No. 546 dated January 5, 2009. [1] Penned by Associate Justice Apolinario D. Bruselas, Jr., with Associate Justices Bienvenido L. Reyes and Aurora Santiago-Lagman, concurring; rollo , pp. 8-19. [2] Rollo , p. 21. [3] Id. at 9. [4] Id. at 9-10. [5] Id. at 10. [6] Id. at 11. [7] Id. at 14. [8] The dispositive portion of the RTC decision, as quoted by the CA, reads: WHEREFORE, above premises considered, judgment is hereby rendered - Ordering the dismissal of the case against defendant Roberto Totanes; Ordering defendants spouses Elenita Antiquera and Manuel Antiquera and defendant Ronnie Lou Marquez to pay plaintiff, jointly and severally, the amount of P2,850,000.00 plus interest at 14% per annum from the date of the filing of the complaint until fully paid; Ordering defendants spouses Elenita Antiquera and Manuel Antiquera and defendant Ronnie Lou Marquez to pay plaintiff jointly and severally, the amount of P300,000.00, covered by the two promissory notes plus interest at the rate of 22% per annum from the date of the filing of the complaint until fully paid; Ordering defendants spouses Elenita Antiquera and Manuel Antiquera and defendant Ronnie Lou Marquez to pay plaintiff, jointly and severally, the penalty charges on the two promissory notes at the rate of 36% per annum each from the date of the filing of the complaint until fully paid; Ordering defendants spouses Elenita Antiquera and Manuel Antiquera and defendant Ronnie Lou Marquez to pay plaintiff, jointly and severally, attorney's fees equivalent to 10% of the total amount collectible; Ordering defendants spouses Elenita Antiquera and Manuel Antiquera and defendant Ronnie Lou Marquez to pay the litigation expenses in the amount of P35,161.10; and to pay the costs of the suit. SO ORDERED.