G.R. No.

97412 July 12, 1994

EASTERN SHIPPING LINES, INC., vs. HON. COURT OF APPEALS AND
MERCANTILE INSURANCE COMPANY, INC.,
FACTS
Two fiber drums were shipped owned by Eastern Shipping from Japan.
The shipment as insured with a marine policy. Upon arrival in Manila unto the
custody of metro Port Service, which excepted to one drum, said to be in bad
order and which damage was unknown the Mercantile Insurance Company.
Allied Brokerage Corporation received the shipment from Metro, one drum
opened and without seal. Allied delivered the shipment to the consignees
warehouse. The latter excepted to one drum which contained spillages while
the rest of the contents was adulterated/fake. As consequence of the loss,
the insurance company paid the consignee, so that it became subrogated to
all the rights of action of consignee against the defendants Eastern Shipping,
Metro Port and Allied Brokerage. The insurance company filed before the trial
court. The trial court ruled in favor of plaintiff an ordered defendants to pay
the former with present legal interest of 12% per annum from the date of the
filing of the complaint. On appeal by defendants, the appellate court denied
the same and affirmed in toto the decision of the trial court.
ISSUE
1 Whether the applicable rate of legal interest is 12% or 6%.
2
Whether the payment of legal interest on the award for loss or
damage is to be computed from the time the complaint is filed from the date
the decision appealed from is rendered.
HELD
1. The Court held that the legal interest is 6% computed from the
decision of the court a quo. When an obligation, not constituting a loan or
forbearance of money, is breached, an interest on the amount of damaes
awarded may be imposed at the discretion of the court at the rate of 6% per
annum. No interest shall be adjudged on unliquidated claims or damages
except when or until the demand can be established with reasonable
certainty.
When the judgment of the court awarding a sum of money becomes
final and executor, the rate of legal interest shall be 12% per annum from
such finality until satisfaction, this interim period being deemed to be by
then an equivalent to a forbearance of money.
The interest due shall be 12% PA to be computed fro default, J or EJD.
2. From the date the judgment is made. Where the demand is
established with reasonable certainty, the interest shall begin to run from the
time the claim is made judicially or EJ but when such certainty cannot be so
reasonably established at the time the demand is made, the interest shll
begin to run only from the date of judgment of the court is made.
The Court held that it should be computed from the decision rendered
by the court a quo.