[ G.R. No. 206795, September 16, 2019 ]
FOODBEV INTERNATIONAL AND LUCILA S. DELA CRUZ, PETITIONERS, v. NOLI C. FERRER, JEVER BELARDO, FELIX GALELA, ROMEO SISCAR, MICHAEL BALDESCO, RICO ACADEMIA, EDUARDO DELA CRUZ, RYAN AQUINO, GAUDENCIO PARIO, MARK TRAPAGO, MAIR GOMEZ, NAGKAKAISANG MANGGAGAWA NG FOODBEV INTERNATIONAL, RICHARD EROLES AND BERNADETTE BELARDO, RESPONDENTS.
SEPARATE OPINION
CAGUIOA, J.:
As to the rate of legal interest due on the monetary judgments,1 I note that paragraph II.3 of the guidelines laid down in Nacar v. Gallery Frames,2 which was cited by the ponencia, has been superseded by Lara's Gifts & Decors, Inc. v. Midtown Industrial Sales, Inc.3
Nevertheless, I reiterate my position in my Concurring & Dissenting Opinion in Lara's Gifts & Decors, Inc. that contrary to the aforesaid paragraph of Nacar, the interim period between the finality of the judgment and its full satisfaction is not a forbearance of credit.4
Once a judgment becomes final and executory , all monetary claims that could not previously earn interest5 because they were unliquidated and unknown, are established with reasonable certainty and thus become due and demandable.ℒαwρhi৷ Hence, said amounts should begin to earn interest not because the interim period is a forbearance of credit, but because the non payment of a final and executory decision constitutes delay under Article 2209 of the Civil Code. Nakpil v. Court of Appeals6 is unequivocal that "[i]t is delay in the payment of such final judgment, that will cause the imposition of the interest."7
For the foregoing reasons, the monetary awards constituting respondents' separation pay, backwages, moral damages, exemplary damages and attorney's fees, which were previously unliquidated, should bear interest at the 6% legal rate under Article 2209 of the Civil Code from the time the decision becomes final and executory until full payment.
Footnotes
1 Ponencia, p. 33.
2 716 Phil. 267(2013).
3 G.R. No. 225433, August 28, 2019.
4 See Kay Lewis Enterprises v. Lewis-Marshall Joint Venture, 59 Misc. 2d 862.
5 See CIVIL CODE, Art. 2213.
6 243 Phil. 489 (1988).
7 Id. at 498.
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