EN BANC
[G.R. No. L-21118. December 18, 1968.]
LEON CLIMACO, Plaintiff-Appellant, v. CARLOS SIY UY, ET AL., Defendants-Appellees.
SYLLABUS
1. PLEADING AND PRACTICE; PAYMENT OF COSTS; WHERE MOVANT WAS ORDERED TO PAY THE COSTS OF THE PROCEEDINGS. — Issued an order dismissing a complaint upon motion to that effect, but on appeal the Supreme Court set aside the order, it is clear that the costs of the proceedings should be paid by the movant concerned.
D E C I S I O N
DIZON, J.:
In our decision promulgated on April 27, 1967 We set aside the order appealed from in so far as it dismissed the case against the defendant Manuel Co and we remanded the case below for further proceedings, with costs. We are now asked to clarify the question of who should pay the costs.
Our decision held that the complaint was correctly dismissed in so far as it affected the defendant Carlos Siy Uy, but that the dismissal was wrong in so far as it affected the other defendant Manuel Co. As the order of dismissal was issued to resolve the motion to dismiss filed in the name of both defendants, it is clear that the costs should be paid by Manuel Co only.
IT IS SO ORDERED.
Concepcion, C.J., Reyes, J.B.L., Makalintal, Zaldivar, Sanchez, Castro, Fernando and Capistrano, JJ., concur.
Our decision held that the complaint was correctly dismissed in so far as it affected the defendant Carlos Siy Uy, but that the dismissal was wrong in so far as it affected the other defendant Manuel Co. As the order of dismissal was issued to resolve the motion to dismiss filed in the name of both defendants, it is clear that the costs should be paid by Manuel Co only.
IT IS SO ORDERED.
Concepcion, C.J., Reyes, J.B.L., Makalintal, Zaldivar, Sanchez, Castro, Fernando and Capistrano, JJ., concur.
