G.R. No. L-21118 December 18, 1968
LEON CLIMACO, plaintiff-appellant, vs. CARLOS SIY UY, ET AL., defendants-appellees.

FACTS

The Supreme Court, in a decision promulgated on April 27, 1967, set aside the lower court’s order of dismissal insofar as it affected defendant Manuel Co and remanded the case for further proceedings against him. The Court, however, affirmed the dismissal of the complaint against defendant Carlos Siy Uy. The present resolution was issued to clarify who should pay the costs of the proceedings.

ISSUE

The sole issue for resolution is who should pay the costs following the Supreme Court’s decision of April 27, 1967.

RULING

The Supreme Court ruled that the costs should be paid by defendant Manuel Co only. The Court reasoned that since the order of dismissal, which was set aside in part, was issued in response to a motion to dismiss filed jointly in the names of both defendants, and the dismissal was affirmed as to Carlos Siy Uy but reversed as to Manuel Co, the liability for costs falls solely on Manuel Co.