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420 Phil. 408
FIRST DIVISION
[ G.R. No. 121492, October 26, 2001 ]
BAN HUA UY FLORES, BAN HA UY CHUA, AND SOON KEE
COMMERCIAL, INC., PETITIONERS, VS. JOHNNY K. H. UY,
RESPONDENT.
[G.R. NO. 124325. OCTOBER 26, 2001]
JOHNNY K. H. UY, PETITIONER, VS. COURT OF APPEALS, SOON KEE
COMMERCIAL, INC., BAN HUA UY FLORES, BAN HA UY CHUA,
HONGFIL SHIPPING CORPORATION AND EDUARD TAN CHONA,
RESPONDENTS.
DECISION
PARDO, J.:
The above cases were consolidated and are decided jointly. Both cases are appeals via
certiorari from a decision of the Court of Appeals.[1]
The Petitions
In G. R. No. 121492,[2] petitioners Ban Hua Uy Flores, et al.,[3] seek to modify the
decision insofar as it failed to award damages against respondent Johnny K. H. Uy.[4]
In G. R. No. 124325,[5] respondent Johnny Uy (as petitioner) seeks to reverse and set
aside the decision and in lieu thereof, to revive the trial court's decision awarding to
respondent Johnny Uy the amount deposited (by consignation) with the Rizal
Commercial Banking Corporation, and attorney's fees in favor of counsel.
The Facts
The facts, as found by the Court of Appeals, are as follows:
"The Uy family owns appellant Soon Kee Commercial Corporation. Appellee
Johnny Uy and appellants Ban Ha Chua and Ban Hua Flores are brothers and
sisters and were among the stockholders of the corporation together with
Magdalena Uy, Lilian Uy, Lily Uy, and Lillen Uy, Leonardo U. Flores, Gloria U.
Chan, Stephanie Chua and Melody Chua.
"Sometime in 1986 and 1987, disputes racked the family which later caused
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