5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly letter to Tan Chona on 10 October 1990 and which was received on 12 October 1990 (TSN-Ybanez, 23 January 1992, p. 55; Exhibit 2-Soon Kee). "In explaining the sharing of the investment, Ban Hua stated that since the Hongfil venture was made prior to the family break-up, Johnny and his wife are entitled to 26% of the investment. "Johnny, allegedly, did not agree to the sharing because he claims that he owns 31.183% (TSN-Ybanez, 23 January 1992, p. 44). Johnny, in fact, sent an agreement signed by him regarding the partition of their properties and businesses, including the Hongfil investment, for the rest of the family members to sign. The other members did not sign, however, because they disagreed with the sharing proposed in the agreement which is inconsistent with the percentage of stock subscriptions of the family members reflected in the general information sheets of the corporation (Exhibit 9-Soon Kee; TSN-Ybañez, 23 January 1992, p. 47-48). "Concluding that the "case, documentary wise, preponderates in favor of Johnny Uy" (Decision, p. 16, Records, p. 623), the trial court rendered judgment,[6] as follows: "THE FOREGOING CONSIDERED, judgment is hereby rendered in favor of the defendant, JOHNNY UY. The total peso deposit now with the Rizal Commercial Banking Corporation under Savings Account No. 7-445-00001-3 should be remitted to the former and attorney's fee in favor of counsel Estrella in the amount of P10,000.00 to be billed against said deposit. Similarly, Atty. Ramon Ceniza's attorney's fee is hereby fixed in the amount of P15,000.00 to be billed against the deposit. (Decision; Records, p. 623)" On April 14, 1993, petitioners appealed the decision to the Court of Appeals.[7] On August 10, 1995, the Court of Appeals promulgated a decision reversing the lower court, the dispositive portion of which reads as follows: "WHEREFORE, the judgment of the Regional Trial Court of Cebu City is REVERSED and a new judgment is hereby rendered: "1. ordering the plaintiffs to remit to Johnny and Magdalena Uy 26% and to the defendants-appellants 74% of the amount currently deposited with Rizal Commercial Banking Corporation branch in Cebu City under Special Savings Account No. 7-445-00001-3; and "2. ordering the defendants-appellants Soon Kee Commercial Inc., Ban Hua Flores and Ban Ha Chua and defendant-appellee Johnny Uy to pay plaintiffs P25,000.00 as attorneys fees. "The costs of the suit shall constitute a first lien on the judgment. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52802 6/11