G.R. No. 144282 - SK REALTY, INC., BAN HUA U. FLORES, LEONARDO U. FLORES, LILY UY, LILIAN UY, LILEN UY, BAN HA U. CHUA, STEPHANIE U. CHUA, MELODY U. CHUA AND GLORIA U. CHAN, VS. JOHNNY KH UY AND UBS MARKETING CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, considering the foregoing, judgment is hereby rendered as follows: Commanding the respondents ( petitioners herein ) to produce and immediately turn over to petitioners (respondents Johnny KH Uy and UBS Marketing Corporation) the Books of Account of Soon Kee Commercial, Inc. and UBS Marketing Corporation from 1981 to 1987. Commanding the respondents to immediately render a full and complete accounting of all the assets, properties and moneys and the receivables for both Soon Kee (from 1981 to 1991) and UBS (from 1981 to 1987) respectively. Commanding the respondents to pay the petitioners ten percent (10%) of the entire actual income (from 1988 to 1993) of Soon Kee Commercial, Inc. in the amount of P13 Million as damages. To grant and pay petitioners the amount of P48 Million equivalent to 31.183 percent of the actual income from 1981 to 1987. Canceling and annulling the Transfer Certificates of Title in the name of Soon Kee Commercial, Inc., if any, the Certificates of Title in the name of SK Realty, Inc., if any, and the Certificates of Title in the name of New Challenge Resources, Inc., if still there is, and all the properties formerly belonging to and in the name of UBS, presently totaling (8) lots covered by TCT No. T-141057, TCT No. T-141058, TCT No. T-141059, TCT No. T-141060, TCT No. T-141061, TCT No. T-141062, TCT No. T-141063, TCT No. T-141064, and reverting them back to UBS Marketing Corporation. Ordering the respondents to return and/or execute the Deed of Conveyance of all the properties in the name of Soon Kee Commercial, Inc., SK Realty, Inc., New Challenge Resources, Inc. which was previously in the name of UBS in favor of the latter/Johnny KH Uy. Ordering the respondents to pay the separation pay of Johnny KH Uy plus interest amounting to P946,455.31. Ordering the respondents to return/pay the petitioners contingency fund representing 31.183% of P3M plus interest in the amount of P1,957,280.86. Ordering the respondents to turn over to the petitioners the Nissan or Isuzu Truck in good condition or the value thereof in the amount of P500,000.00. Ordering respondent Ban Hua Flores to return to petitioner Johnny KH Uy the Hong Kong property in Northpoint Metropole Flat 1121 previously owned by Johnny KH Uy. Ordering respondents to pay P600,000.00 as attorneys fees. Making the Writ of Preliminary Mandatory Injunction permanent. SO ORDERED.