AgencyDPFebruary32014

It is contented that the execution of the document

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Unformatted text preview: f, including that which is considered as usurious, amounts to P18,138.77, so that they are still indebted in said concept in the sum of P4,321.79. Adding this sum to the capital of P17,811.71, makes a total of P22,133.50, from which the sum of P3,000 constituting the fees of the attorney for the defendants must be deducted, leaving a net balance of P19,133.50 which is all that the defendants must pay to the plaintiff up to said date. In the mortgage deed the defendants bound themselves to pay the fees of the attorney for the plaintiff were to resort to the courts to foreclose the mortgage. Said fees were fixed at 10 per cent of the capital which the defendants might owe. This penalty according to what has been stated heretofore, amounts to P1,781.17 19 which would have to be added to the total amount to be paid to the plaintiff by the defendants. The court, having declared the contracts usurious, did not order the defendants to pay the penalty and for this reason the plaintiff assigns the omission as the eighth and last assignment of alleged error. Inasmuch as the fees agreed upon are neither excessive nor unreasonable, this court finds no good reason to disapprove it, particularly because the defendants were also granted a larger amount in the same concept. For all the foregoing reasons, the appealed judgment is modified and the defendants are ordered to, pay jointly and severally to the plaintiff the sums of P19,133.50 and P1,781.17. Within three months they shall make payment of said two sums of money or deposit them with the clerk of court, at the disposal of the plaintiff, upon failure to do which the real property mortgaged with the improvements thereon shall be sold at public auction and the proceeds thereof applied to the payment of the two sums of money above­stated; without special pronouncement as to the costs of this instance. So ordered. Art. 1891 – Obligations of Agent to Render Account US v. Kiene, 7 Phil 736 (1907) RANESES DOCTRINE: Every agent is bound to giv...
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This document was uploaded on 03/11/2014.

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