Third, for a few (3) minutes the brand new petitioner accessible to accept his mortgage duty which have respondent CCP

This new demonstration judge offered five (5) reasons inside the governing and only respondent CCP. Second, and in case, arguendo, that petitioner failed to yourself enjoy the said financing, he need to have recorded an authorized complaint facing Wilson Lucmen, the new so-called covered group however, the guy didn’t. Last, petitioner might not avoid their liability to spend his obligations not as much as the fresh promissory note (Exh. “A”) he must adhere to inside the good faith pursuant to Blog post 1159 of The fresh Municipal Password. Fifth, petitioner try estopped away from doubt their responsibility or loan responsibility so you’re able to the private respondent.

Brand new petitioner appealed the option of your trial court to the Courtroom out of Appeals insofar because charged attract, surcharges, attorney’s costs and you will excellent injuries against the petitioner. The guy given up their alleged protection on demo court that he merely accommodated their friend, Wilson Lucmen, inside obtaining the loan, and you can rather admitted the newest legitimacy of the same. On August 29, 1993, the newest appellate legal rendered a choice, the dispositive percentage of and that checks out:

The audience is not able to undertake appellant’s (petitioner’s) claim for modification on such basis as alleged limited otherwise abnormal abilities, there being not one. Appellant’s offer otherwise sensitive from payment cannot be considered once the a partial otherwise unpredictable performance of one’s package, not one centavo appears to have been paid off of the offender.

not, the newest appellate legal altered the selection of the demonstration courtroom from the deleting the fresh new award for excellent problems and you will decreasing the amount of granted attorney’s costs to help you four per cent (5%), because of the ratiocinating the following:

Earliest, it gave absolutely nothing weight into the petitioner’s assertion that the financing try simply towards accommodation out of Wilson Lucmen into the reason that security propounded wasn’t legitimate by itself

Considering the facts of circumstances, while the fact that plaintiff is represented from the a national lawyer, We feel the latest award out of 25% as attorney’s fees and P500, because excellent damage may be out of proportion on actual destroy considering the newest low-abilities of your own price which can be extreme, unconscionable and iniquitous.

Inside the an answer old July 13, 1994, brand new appellate courtroom rejected this new petitioner’s activity getting reconsideration of the said decision.

Within his notice, the brand new petitioner requested the brand new decrease in the fresh penalties and charge towards the their loan duty

The latest Honorable Legal Out-of Appeals Enough time A mistake Within the Offering Its IMPRIMATUR Into the Decision Of one’s Demo Legal And therefore Compounded Interest On the SURCHARGES.

Rather, the latest petitioner does not matter his responsibility getting his restructured financing underneath the promissory mention noted Display “A”. The initial question to get resolved in the event on bar is whether or not there are contractual and you may legal basics on imposition of your own penalty, attention to your penalty and attorney’s charge.

This new petitioner imputes error on the behalf of the latest appellate courtroom inside the not totally removing the fresh new honor out of attorney’s costs plus in maybe not reducing the penalties since the petitioner, from the appellate court’s findings, possess presumably made partial payments toward mortgage. And if punishment why not try this out is to be awarded, the brand new petitioner was asking for the low-imposition of interest to your surcharges inasmuch as the compounding from attract towards the surcharges is not offered on promissory mention designated Exhibit “A”. The petitioner requires difference for the formula of personal respondent which the interest, surcharge together with dominating was basically additional with her and this toward total share attention try imposed. Petitioner and says that there surely is no base in law having the new charging you of great interest on the surcharges this is because new Civil Password is without one supply allowing brand new imposition interesting for the surcharges.