G.R. No. 141008 - MARAWI MARANTAO GENERAL HOSPITAL, INC. AND MACAPANTON K. MANGONDATO, VS. COURT OF APPEALS AND SOCIAL SECURITY SYSTEM.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgement is hereby rendered in favor of the plaintiffs Marawi-Marantao General Hospital Inc., and Atty. Macapanton K. Mangondato and against defendant Social Security System directing the latter (SSS) to: Execute an Absolute deed of Sale in favor of the plaintiffs Hospital and/or Atty. Macapanton K. Mangondato as stipulated in the aforesaid Deed of Conditional Sale; Pay plaintiffs the sum of P12,487,271.00 by way of actual damages or unrealized income; Pay plaintiffs the sum of P500,000.00 by way of moral damages; Pay plaintiffs the sum of P100,000.00 by way of attorney's fees; and Pay the cost of litigation.' ( Annex "D", Petition ). On June 18, 1999, or a day after the Public Respondent promulgated its Decision, the Private Respondents filed a "Motion for Partial Execution" , set for hearing, on June 25, 1999, at 8:30 o'clock in the morning. Private Respondents served a copy of said motion on Petitioner, through counsel. During the hearing, on June 25, 1999, the counsel for the Petitioner failed to appear considering that, as of said date, he had not as yet been served with a copy of the Decision of the Public Respondent and a copy of Private Respondents' motion. Nevertheless, the Public Respondent issued an Order, on June 25, 1999, granting Private Respondents' motion upon their posting of a bond in the amount of P1,000,000.00. On the same day, the Public Respondent issued a "Writ of Execution" commanding the Sheriff of Pasay City to cause execution of his Decision on the Petitioner. On the same day, the City Sheriff of Pasay City served a "Notice of Garnishment" on the Philippine National Bank, Roxas Boulevard, Pasay City, garnishing the funds of the Petitioner deposited therein to the extent of P13,415,616.62. On June 29, 1999, the Petitioner was served with a copy of the Decision of the Public Respondent. On the same day, June 29, 1999, the Public Respondent issued an Order directing the President or Vice President of the Philippine National Bank to release to Private Respondent Macapanton Mangondato, through the Sheriff, the aforesaid amount. On June 29, 1999, the Petitioner filed an "Urgent Motion for Reconsideration and Immediate Stay of Execution" (Annex "E", Petition) . On July 6, 1999, the Public Respondent issued a Resolution denying Petitioner's motion ( Annex "F", Petition ). The petitioner earlier filed a "Petition for Certiorari" , with this Court, entitled and docketed Social Security System versus Hon. Santos B. Adiong, et al., CA-GR. No. 53502-SP for the nullification of the Order and "Writ of Execution" issued by the Public Respondent on June 25, 1999. On July 9, 1999, the Petitioner filed a "Notice of Appeal" with the Public Respondent ( Annex "G", Petition ). However, the petitioner failed to indicate, in said "Notice of Appeal" , when it received a copy of the Decision of the Public Respondent. On July 12, 1999, the Petitioner filed, with the Public Respondent, an "Amended Notice of Appeal"