Philippine Supreme Court Resolutions > Year 2010 > March 2010 Resolutions > [G.R. No. 172733 : March 01, 2010] SPOUSES CORNELIO JOEL I. ORDEN AND MARIA NYMPHA V. ORDEN, ET AL. V. SPOUSES ARTURO AND MELODIA C. AUREA, ET AL. :

Quoted hereunder, for your information, is a resolution of this Court dated 01 March 2010:

G.R. No. 172733 (Spouses Cornelio Joel I. Orden and Maria Nympha V. Orden, et al. v. Spouses Arturo and Melodia C. Aurea, et al.). - On August 20, 2008, the Court promulgated its Decision^[1] in the above entitled case, disposing, as follows:

WHEREFORE, the decision of the Court of Appeals dated 20 April 2006 in CA-G.R. CV No. 75788 is hereby MODIFIED as follows:

(1)  Petitioners-spouses Cornelio Joel I. Orden and Maria Nympha V. Orden are ordered to return to respondents-spouses Ernesto P. Cobile and Susan M. Cobile the amount of P738,596.28, representing the total amount advanced by the latter to the former, with interest at the rate of 12% per annum from 30 September 1997 until fully paid; and

(2)  Respondents-spouses Ernesto P. Cobile and Susana M. Cobile are ordered to pay moral damages and attorney's fees in the amounts of P50,000.00 and P20,000.00, respectively, to petitioner- spouses Cornelio Joel I. Orden and Maria Nympha V. Orden.

SO ORDERED.^[2]

On September 22, 2008, petitioners filed a Manifestation,^[3] stating that they received a copy of the Decision of this Court. Acknowledging their liability, petitioners prayed that "they be allowed to pay respondents the amount of P738,596.28 with interest at the rate of 12% per annum from September 30, 1997 until fully paid, in seven (7) equal monthly installments considering that petitioners would not be able to liquidate in full the aforesaid amount."^[4]

We required respondents to comment.^[5]  In their Comment,^[6] respondents interposed no objections, provided that:

1.1  Petitioners shall be required to put up a security or collateral to ensure faithful compliance on their part to pay off their obligation[;]

1.2  Petitioners shall submit to the Court a schedule of payments stating therein the date of first payment up to the seventh month as well as the amounts involved thereof[.]

In the Resolution dated April 1, 2009,^[7] the Court required petitioners to file a Reply.  No Reply was filed.  The Show Cause Resolution dated September 9, 2009^[8] was also not complied with despite receipt thereof on October 21, 2009.

Given these antecedents, the Court dispenses with the Reply of petitioners. The records disclose that no motion for reconsideration of the Court's Decision was filed in this case. The Manifestation filed by petitioners cannot be treated as such, since it has to do with the execution of our Decision, a matter best left to the lower court to resolve.

IN VIEW OF THE FOREGOING, the Court resolves to dispense with petitioners' Reply, as required in the April 1, 2009 Resolution.   The Court considers  this  case CLOSED and TERMINATED. Let entry of Judgment be made in due course.

SO ORDERED.

WITNESS the Honorable Reynato S. Puno, Chief Justice, (designated member per Raffle dated 04 March 2009), Hon. Presbitero J. Velasco, Jr., Chairperson, Hon. Antonio Eduardo B. Nachura, Hon. Martin S. Villarama (designated member per Raffle dated 20 November 2009 pursuant to Amended Rules under A.M. No. 99-8-09-SC) and Hon. Jose C. Mendoza (designated member per Memorandum dated 05 January 2010, pursuant to Amended Rules under A.M. No. 99-8-09-SC), Members, Special Third Division, this 1^st day of March 2010.

Endnotes:

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^[1] Penned by Associate Justice Minita V. Chico-Nazario; rollo, pp. 49-67.

^[2] Rollo, pp. 65-66.

^[3] Id. at 71-72.

^[4] Id.

^[5] Resolution dated November 19, 2008; rollo, p. 74.

^[6] Rollo, pp. 75-76.

^[7] Id. at 78.

^[8] Id. at 79.