Eastern Shipping v.

CA (July 12 1994)

Damages 19,032.95
Date of Filing of Complaint Oct 1 1982
Court a quo decision Feb 3 1988
SC decision July 12 1994
Finality of SC decision July 27 1994

SC Ruling:

6% legal interest on amount due computed from

decision - Feb 3 1988, of the court a quo

12% interest from finality of decision until payment

[Date before finality of SC decision] 1994 7 26

[Date of court a quo decision] 1988 2 3
6 years 5 months 23 days + 2 days [leap years]
175
TOTAL
Interest from Feb 3 1988 - July 26 1994 6,851.86 547.52 7,399.39
Damages 19,032.95
Total payment due before SC finality 26,432.34 assuming paid on July 26 1994

If payment made on July 27 1995

[1 year from SC decision finality]
2,283.95
28,716.29 assuming paid on July 27 1995
 ABELLA v. ABELLA (JULY 8, 2015)
THEIR ANSWER
Given:
Sum of money = P500,000 payable within 1 year with interest (no rate stipulated)

Amount paid = P200,000

Balance = P300,000

Dates:
July 31 2002 – RTC filing `
Dec 28 2005 – RTC decision
- Romeo A to pay P300,000 with interest, 30% per annum from time of complaint (July 31 2002) Salvador A
Sept 30 2010 – CA decision
- Overpayment solutio indebiti
- Pay P148,500 at 6% interest from receipt of decision

July 8 2015 – SC decision

- Overpayment of P3,379.17

Computation: Year Principal 12% interest Payment

2000 500,000.00 60,000.00 156,000.00
2001 404,000.00 48,480.00 150,000.00
2002 302,480.00 36,297.60 320,000.00
2003 April 18,777.60 2253.31 * 7500
May 1% * 7500
June OVER 3379.17 1% * 7500
12% --> JULY 31 2002 - JUNE 30 2013
6% --> JULY 1 2013 ----->
 ABELLA v. ABELLA (JULY 8, 2015)
12% CONVENTIONAL
DATE TOTAL LOAN PAYMENT BALANCE MONTHLY CONVENTIONAL INTEREST12% INTEREST ON CONVENTIONAL 6% from July 1 2013 onwards
INTEREST INTEREST (JULY 31 2002-JUNE 30 2013)
1999 - MARCH 22 500,000.00
ACCORDING TO CA 1999 - MARCH [ACCORDING TO CA] 6,000 494,000.00
2000 - MARCH 21 [DUE DATE]
1ST DP 2001 - JUNE 30 100,000.00 394,000.00
2ND DP 2001 - DECEMBER 30 100,000.00 294,000.00

BEFORE 1ST DP MARCH 22 1999 - JUNE 22 2001 [27 MONTHS] 337,500.00 12,500.00

1ST DP JUNE 22 2001 - DEC 22 2001 [6 MONTHS] 100,000.00 60,000.00 10,000.00

DEC 22 2001 - JUNE 2002 [6 MONTHS]
2ND DP (FILING OF COMPLAINT) 100,000.00 45,000.00 7,500.00

1st year - March 21 2000 500,000.00 150,000.00 60,000.00 - 96,000.00

6,000
2nd year - March 21 2001 404,000.00 150,000.00 48,480.00 - 101,520.00

3rd year - March 21 2002 302,480.00 36,297.60 - 283,702.40 320,000.00

Before 1st dp March 22 2001-June 30 2001 [3 months] 37,500.00
1st DP 100,000.00
Before 2nd dp June 30 2001-Dec 30 2001 [6 months] 60,000.00
2nd DP 100,000.00
Dec 2001 - Feb 2002 [3 months] accdg to SC! 22,500.00

4th year - March 21 2003 18,777.60

Monthly March 22 2002 - April 21 2002 18,777.60 187.78

March 2002 (7,500 payment) 7,500.00

April 22 2002 - May 21 2002 11,465.38 114.65

April 2002 (7,500 payment) 7,500.00

May 22 2002 - June 21 2002 4,080.03 40.80

May 2002 (7,500 payment) 7500 SC&decision
Petitioner Abella directed to jointly severally reimburse Respondents Abella
Amount: P3,379.17 [overpayment of Respondents Abella]
June 21 2002 excess payment -₱3,379.17 Legal interest = 6%/ annum on total judgment award from finality of Decision until full satisfaction

Total loan = P500,000

(Respondents Abella ung Apart from conventional IR,
nanghiram) SC: oustanding conventional interest
Subjected to conventional interest rate: shall itself earn legal interest from
Evidence: Loan subjected to conventional interest the time judicial demand was made
Acknowledgment receipt dated rate at 12%/ annum (legal rate at the time by petitioners (July 31 2002, when
March 22 1999 the parties executed agreement) they filed complaint)
Payable within 1 year
If still due on July 1 2013 = 12% / annum
Paid: P200,000 Until July 30 2002 = 12%
Unpaid: P300,000 conventional IR

Interest due on compensatory interest 0 From July 31 2002 = 6% legal IR

SC decision finality - July 23 2015
6% per annum on the total judgment award 202.7502
Assuming paid on July 22 2016 [ 1 year ]

TOTAL PAYMENT 3,581.92

 Nacar v. Gallery Frames (Aug 13 2013)

713,340.75 1 year 12 days 12.36 TOTAL MONTHS [same with LA]

Backwages From the time Nacar was illegally dismissed @ 196 January 24 1997 BACKWAGES 12 0.36666666666667 196.00 RATE PER DAY
329,138.16 Feb 5 1998 26 NO. OF DAYS/ MONTH USED BY LA
62,986.56
NCR - Minimum wage increase @ 198 Feb 6 1998 4 years 3 months 21 days 51.70 TOTAL MONTHS
until Resolution of Court became final & executory May 27 2002 51 0.7 198.00 RATE PER DAY
26.00 NO. OF DAYS/ MONTH USED BY LA
266,151.60

Separation pay Date hired August 1990 11 years 3 months

1 month pay/ year of service Resolution of Court became final & executory May 27 2002 11 YEARS OF SERVICE
56,628.00 SEPARATION 198.00 RATE PER DAY
PAY
26 NO. OF DAYS/ MONTH USED BY LAW
56,628.00

Interest Resolution of Court became final & executory May 27 2002 Received by Nacar - Jan 14 2003 147,560.19
12% Before BSP Circular Effectivity June 30 2013 Total Backwages + Separation Pay 385,766.16
327,574.59
INTEREST DUE
AS OF JAN 13 Interest - From May 27 2002-Jan 13 2003
2003 7 months 12 days 7.40 TOTAL MONTHS
1% MONTHLY INTEREST
385,766.16 TOTAL MONETARY AWARD
28,546.70

INTEREST DUE
FROM JAN 14 Interest - From Jan 14 2003 - June 30 2013
2003 - JUNE 30 10 years 5 months 16 days
2013
125.53333333333 TOTAL MONTHS
1% MONTHLY INTEREST
238,205.97 TOTAL MONETARY AWARD LESS RECEIVED BY NACAR
299,027.89
6% BSP Circular Effectivity Date July 1 2013
Until full satisfaction
According to LA Length of service 8 years 1 month

Date hired August 1990

Date of decision August 18 1998
Date dismissed January 24 1997

Rate per day 198.00

Rate per day 196.00

Resolution became final & executory May 27 2002

LA - Oct 15 1998
TOTAL Decision:
Separation pay Date hired August 1990 41,184.00 62,986.56
8 years and 1 month Date of decision August 18 1998

Backwages
Date dismissed January 24 1997
Rate per day 196.00
Date of decision August 18 1998

From Date dismissed January 24 1997 0.37

Until February 5 1998
12. 36 months 62,986.56

February 6 1998
Until Date of Decision August 18 1998 0.40
6.4 months 32,947.20 95,933.76 95,933.36

NLRC sustained LA
CA dismissed Petition for Review on Certiorari

Nacar:
Backwages
From date of dismissal - Jan 24 1997
Until Finality of Resolution - May 27 2002

NLRC upon recomputation 471,320.31

Respondents - no more recomputation is required; final & executory

Respondents again appealed before NLRC

NLRC Resolution June 30 2003 (granted appeal and ordered recomputation)
Recomputation 147,560.19
Nacar: pay him the original amount determined by LA on Oct 15 1998
(Nacar received) - JAN 14
LA issued Writ of Exec 147,560.19 2003
Nacar - recomputation of monetary award to include appropriate interests

LA granted motion 11,459.73 158,919.92

(according sa case - hay mali math ü) 147,560.19
Should be --> 11,359.73
CA denied petition because Nacar no longer appealed Oct 15 1998 LA decision = final & executory