Petitioner
Ece Realty
Respondent
Haydyn Hernandez
Citation
G.R. No. 212689
Court
Supreme Court
Division
First Division
Ponente
Reyes, J.
Decided
August 6, 2014

Summary

Haydyn Hernandez bought a condominium unit from ECE Realty under a Contract to Sell with delivery promised by December 31, 1999. ECE failed to deliver on time and the unit had incorrect specifications (26 sq.m instead of 30 sq.m). After paying P452,551.65, Hernandez sought refund when ECE sold the unit to a third party. The HLURB ordered refund with damages, which was upheld through various appellate levels. The Supreme Court affirmed the refund with 6% interest from filing of complaint, but modified the post-finality interest rate from 12% to 6% per annum pursuant to BSP Resolution No. 796, applying the principle that non-loan obligations earn 6% interest under Article 2209 of the Civil Code.

Statutes applied

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By the Intellegal Editorial Board · August 6, 2014

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