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.

Decisions / Signed Resolutions August 30, 1934
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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.