This case has been cited 1 times or more.
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2006-05-19 |
TINGA, J. |
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| After going over the instant motion, the Court is persuaded to take a fresh scrutiny of the facts and circumstances obtaining herein and accordingly modify its finding that Poliand's claim cannot be considered due and demandable until the finality of the Court's Decision. Indeed, there are certain factual premises which the Court glossed over in arriving at such pronouncement. First, the trial court had already made a factual finding to the effect that extrajudicial demands had been made by Poliand on September 25, 1991 on NDC, Galleon Shipping Corporation and Development Bank of the Philippines, not only with respect to the alleged loan accommodations granted to Galleon but also, in the alternative, with respect to the maritime lien. Second, the extrajudicial demand on NDC for the payment of the maritime lien was for a specified amount, which was the same amount prayed for in the complaint and eventually upheld by the trial court. This fact indicates that upon extrajudicial demand, Poliand's claim for the satisfaction of the maritime lien had already been ascertained. An account that has been "liquidated" can also mean that the item has been made certain as to what, and how much, is deemed to be owing.[2] The amount claimed and the date of demand being both certain, to arrive at the liquidated amount would merely be a matter of mathematical computation.[3] | |||||