GR L 27802; (January, 1969) (Digest)
G.R. No. L-27802 January 31, 1969
REPUBLIC OF THE PHILIPPINES, plaintiff-appellee, vs. CENTRAL SURETY & INSURANCE COMPANY, ET AL., defendants-appellants. CENTRAL SURETY & INSURANCE, COMPANY, third-party plaintiff-appellant, vs. PO KEE KAM, ET AL., third-party defendants-appellees.
FACTS
The Central Surety & Insurance Company filed a “motion to modify judgment” on November 13, 1968, referring to the Supreme Court’s decision of October 26, 1968. The motion sought three modifications: (1) to correct the date in the statement of the case from October 23, 1959 to June 20, 1963, the actual filing date of the complaint; (2) to specifically include Go Siu Eng and Jao Yan alias Go Liao Lian as third-party defendants alongside Po Kee Kam and Tony Go; and (3) to add a clause to the dispositive portion ordering the third-party defendants to pay interest at 12% per annum compounded quarterly from the filing of the complaint and attorney’s fees of 15% of the total amount due. The plaintiff-appellee, the Republic of the Philippines, filed a comment offering no objection to the motion. The counsel for the third-party defendants-appellees was required to comment but failed to do so.
ISSUE
Whether the Supreme Court should grant the motion to modify its October 26, 1968 decision based on the grounds presented by the Central Surety & Insurance Company.
RULING
The Supreme Court granted the motion to modify judgment, finding the grounds meritorious and sustained by the record. The decision was modified as follows: (a) the first sentence was corrected to state that the complaint was filed on June 20, 1963; (b) the fourth paragraph was amended to include Go Siu Eng and Jao Yan alias Go Liao Lian as third-party defendants; and (c) the dispositive portion was revised to order the third-party defendants to pay the Surety whatever sums it pays to the Republic, plus 12% interest per annum compounded quarterly from the filing of the complaint until full payment, and attorney’s fees of 15% of the total amount due. Costs were assessed against the Surety in favor of the Republic, and against the third-party defendants in favor of the Surety.