G.R. No. 176570 - SPOUSES RAMON VILLUGA AND MERCEDITA VILLUGA, VS. KELLY HARDWARE AND CONSTRUCTION SUPPLY INC., REPRESENTED BY ERNESTO V. YU, EXECUTIVE VICE-PRESIDENT AND GENERAL MANAGER.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that judgment be rendered in favor of plaintiff and against defendants by ordering defendants to pay the sum of: (1) P259,809.50 as principal obligation due plaintiff, plus interest due thereon at 14% interest per annum, until all sums due are paid in full. (2) P64,952.38 by way of reimbursements of attorney's fees plus P500.00 appearance fee in court. (3) P26,000.00 for litigation and other related expenses. And to pay the cost of suit. [3] In their Answer to Complaint, [4] petitioners admitted having made purchases from respondent, but alleged that they do not remember the exact amount thereof as no copy of the documents evidencing the purchases were attached to the complaint. Petitioners, nonetheless, claimed that they have made payments to the respondent on March 4, 1994 and August 9, 1994 in the amounts of P110,301.80 and P20,000.00, respectively, and they are willing to pay the balance of their indebtedness after deducting the payments made and after verification of their account. In a Manifestation [5] dated July 18, 1995, petitioners stated that in order to buy peace, they were willing to pay respondent the principal sum of P259,809.50, but without interests and costs, and on installment basis. In its Counter Manifestation, [6] respondent signified that it was amenable to petitioners' offer to pay the principal amount of P259,809.50. However, respondent insisted that petitioners should also pay interests, as well as litigation expenses and attorney's fees, and all incidental expenses. Subsequently, on August 11, 1995, respondent filed a Motion for Partial Judgment on the Pleadings [7] contending that petitioners were deemed to have admitted in their Answer that they owed respondent the amount of P259,809.50 when they claimed that they made partial payments amounting to P130,301.80. Based on this premise, respondent prayed that it be awarded the remaining balance of P129,507.70. Petitioners filed their Opposition [8] to the said Motion. On September 11, 1995, the RTC issued an Order [9] deferring resolution of respondent's Motion for Partial Judgment on the ground that there is no clear and specific admission on the part of petitioners as to the actual amount that they owe respondent. On January 30, 1996, respondent filed an Amended Complaint, [10] with leave of court, alleging that between October 1992 until January 5, 1993, petitioners purchased from it (respondent) various construction materials and supplies, the aggregate value of which is P279,809.50; that only P20,000.00 had been paid leaving a balance of P259,809.50. In their Answer to Amended Complaint, [11] petitioners reiterated their allegations in their Answer to Complaint. On March 8, 1996, respondent filed a Request for Admission [12] asking that petitioners admit the genuineness of various documents, such as statements of accounts, delivery receipts, invoices and demand letter attached the