[ G. R. No. 40447. August 30, 1934 ] G. R. No. 40447
[ G. R. No. 40447. August 30, 1934 ]
PHILIPPINE EDUCATION CO., INC., PLAINTIFF AND APPELLANT, VS. HOMOBONO A. AGUILING AND GREGORIO AGUILING Y ADVINCULA, DEFENDANTS AND APPELLEES. D E C I S I O N
V. ALBERT, CLERK, SUPREME COURT, P.I. This court having regularly acquired jurisdiction for the trial of the above-entitled cause submitted by both parties for decision,after consideration thereof by the Court upon the record, its decision and order for the judgment having been filed on the ________1st________day of August, A. D. nineteen hundred and _thirty-four;
By virtue thereof and the resolution of this Court of August 14, 1934, it is hereby adjudged and decreed that the order of the Court of the First Instance of ___Capiz, dated the 29th day of May, nineteen hundred and thirty-three, and from which the above-entitled appeal was taken, be, and the same is hereby, reversed and it is ordered that the defendants pay the plaintiff jointly and severally the sum of P7,668.90, with interest at 6% annually from February 4, 1932, the date of the filling of the complaint, plus 10% of said sum as penalty, and the costs in both instances; and if within 90 days from notice of the resolution of this Court dated August 14, 1934, the defedants fail to pay said plaintiff the said amount, the properties described in the mortgage executed on December 7, 1929, shall be sold on accordance with law and their proceeds applied to the payment of the same.
It is further ordered that __________the plaintiff___________recover from ____________the defendant _________the sum of P__100.00, as costs.