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JurisprudenceG.R. No. 244247 -

G.R. No. 244247 - UNITED COCONUT PLANTERS BANK, INC., VS. E. GANZON, INC..D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 4726RA 4726,
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TL;DR — Ruling

WHEREFORE , premises considered, judgment is hereby rendered in favor of plaintiff EGI and against defendant UCPB, declaring that the loan obligations of plaintiff EGI to defendant UCPB are deemed fully paid, and ordering defendant UCPB to pay the plaintiff the following sums to wit: The excess foreclosure proceeds in the amount of P158,378,177.82, plus legal interest of 12% per annum from April 13, 2000; The proceeds of the dacion en pago transactions in the amount of P166,127,368.

Decision

Ruling

WHEREFORE , premises considered, judgment is hereby rendered in favor of plaintiff EGI and against defendant UCPB, declaring that the loan obligations of plaintiff EGI to defendant UCPB are deemed fully paid, and ordering defendant UCPB to pay the plaintiff the following sums to wit: The excess foreclosure proceeds in the amount of P158,378,177.82, plus legal interest of 12% per annum from April 13, 2000; The proceeds of the dacion en pago transactions in the amount of P166,127,368.50 plus legal interest of 12% per annum from May 8, 2001; The value of the movables, furniture, fixtures, and equipment amounting to P32,296,777.78 plus legal interest of 12% per annum from April 13, 2000; The value of the 28 additional units in the amount of P87,578,846.60 plus legal interest of 12% per annum from April 13, 2000; Court filing fees in the amount of P1,552,403.50; Moral damages in the amount of P30,000,000.00; Exemplary damages in the amount of P10,000,000.00; Compensatory Damages for business losses, foregone income and foregone business opportunities in the amount of Php 30,000,000.00 ; Attorney's fees equivalent to 10% of all amounts due the plaintiff; Cost of suit; Defendant UCPB is further ordered to execute release of mortgage documents on the rest of the properties of plaintiff which are still encumbered with real estate mortgages as guarantee for the already paid loan obligations of the plaintiff. SO ORDERED.