ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2004 Jurisprudence                 

  • G.R. Nos. 103055-56 - January 26, 2004 - ROYAL CARGO CORPORATION, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

  • G.R. Nos. 103055-56 - January 26, 2004 - ROYAL CARGO CORPORATION, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

  • G.R. Nos. 106615, 108591, 109452, 109978 & 139379 - January 15, 2004 - SPOUSES ELIGIO P. MALLARI and MARCELINA I. MALLARI, Petitioners, v. IGNACIO ARCEGA, PERCASIO CATACUTAN, BEN GARCIA, ALFREDO DE GUZMAN, MARIETA JACINTO, CELESTINO MAGAT, VICENTE MALLARI

  • G.R. Nos. 114967-68 : January 26, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. CRISPIN BILLABER y MATBANUA, Appellant.

  • G.R. No. 118027 - January 29, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. RICARDO BALATAZO, Appellant.

  • G.R. No. 118030 - January 15, 2004 - PROVIDENT INSURANCE CORP., Petitioner, v. HONORABLE COURT OF APPEALS and AZUCAR SHIPPING CORP., Respondents.

  • G.R. No. 120384 - January 13, 2004 - PHILIPPINE EXPORT AND FOREIGN LOAN GUARANTEE CORPORATION, Petitioner-Appellant, v. PHILIPPINE INFRASTRUCTURES, INC., PHILIPPINE BRITISH ASSURANCE CO., INC., THE SOLID GUARANTY, INC., B.F. HOMES, INC., PILAR DEVELOPMENT

  • G.R. No. 120587 - January 20, 2004 - MILAGROS M. BARCO, as the Natural Guardian and Guardian Ad Litem of MARY JOY ANN GUSTILO, Petitioner, v. COURT OF APPEALS (SPECIAL SIXTEENTH DIVISION), REGIONAL TRIAL COURT (BR. 133-MAKATI), NCJR; THE LOCAL CIVIL REGIS

  • G.R. Nos. 121213 and 121216-13 - January 13, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. BUTCHOY DE LA TORRE and FE DE LA TORRE, Appellants.

  • G.R. Nos. 122114-17 - January 20, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. EDUARDO LIMOS y DE VERA, Appellant.

  • G.R. No. 122249 - January 29, 2004 - REYNALDO, TELESFORO, REMEDIOS, ALFREDO and BELEN, all surnamed AGUIRRE, VICENTA, HORACIO and FLORENCIO, all surnamed MAGTIBAY and LEONILA, CECILIA, ANTONIO, and VENANCIO, all surnamed MEDRANO, and ZOSIMA QUIAMBAO, Peti

  • G.R. No. 122767 - January 20, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. JOSEPH CAJURAO, Appellant.

  • G.R. No. 125758 : January 20, 2004 - HEIRS OF SUSANA DE GUZMAN TUAZON, represented by CIRILO TUAZON, Petitioners, v. HON. COURT OF APPEALS and MA. LUISA VICTORIO, ALBERTO GUANIO, JAIME B. VICTORIO, INES MOLINA, ERLINDA V. GREGORIO, VISITACION V. GERVACIO,

  • G.R. No. 126006 - January 29, 2004 - LAPULAPU FOUNDATION, INC. and ELIAS Q. TAN, Petitioners, v. COURT OF APPEALS (Seventeenth Division) and ALLIED BANKING CORP., Respondents

  • G.R. No. 125966 - January 13, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. JUAN FACTAO alias "BOYET," ALBERT FRANCIS LABRODA alias " ABET," and TIRSO SERVIDAD, Appellants.

  • G.R. No. 126153 - January 14, 2004 - PHILIPPINE NATIONAL BANK, Petitioner, v. HONORABLE COURT OF APPEALS, and ATTY. MORDENO CUA, Respondents.

  • G.R. No. 127469 - January 15, 2004 - PHILIPPINE BANKING CORPORATION, Petitioner, v. COURT OF APPEALS and LEONILO MARCOS, Respondents.

  • G.R. No. 127492 - January 16, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. DIONISIO SANTOS, Appellant.

  • G.R. No. 128254 - January 16, 2004 - HEIRS OF POMPOSA SALUDARES represented by ISABEL DATOR, Petitioners, v. COURT OF APPEALS, JOSE DATOR and CARMEN CALIMUTAN, Respondents.

  • G.R. No. 127882 - January 27, 2004 - LA BUGAL-B'LAAN TRIBAL ASSOCIATION, INC., represented by its Chairman F'LONG MIGUEL M. LUMAYONG, WIGBERTO E. TAÑADA, PONCIANO BENNAGEN, JAIME TADEO, RENATO R. CONSTANTINO, JR., F'LONG AGUSTIN M. DABIE, ROBERTO P. AMLOY

  • G.R. No. 128609 : January 29, 2004 - DOUGLAS F. ANAMA, Petitioner, v. COURT OF APPEALS, PHILIPPINE SAVINGS BANK, SPS. TOMAS CO & SATURNINA BARIA and REGISTER OF DEEDS, METRO MANILA, DISTRICT II, Respondents.

  • G.R. No. 129008 - January 13, 2004 - TEODORA A. RIOFERIO, VERONICA O. EVANGELISTA assisted by her husband ZALDY EVANGELISTA, ALBERTO ORFINADA, and ROWENA O. UNGOS, assisted by her husband BEDA UNGOS, Petitioners, v.COURT OF APPEALS, ESPERANZA P. ORFINADA,

  • G.R. No. 130586 - January 29, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v.FRANCISCO BLANCAFLOR, Appellant.

  • G.R. No. 130886 - January 29, 2004 - COMMONWEALTH INSURANCE CORPORATION, Petitioner, v. COURT OF APPEALS and RIZAL COMMERCIAL BANKING CORPORATION, Respondents.

  • G.R. Nos. 132310 & 143968-69 - January 20, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. FELIPE DEMATE y LOGANA alias Dodong Morales and DANTE MORALES (At Large), Appellants.

  • G.R. No. 133194-95 and 141539 : January 29, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. ROMEO VALDEZ, Appellant.

  • G.R. No. 133542 : January 29, 2004 - FRANCISCO DEE, represented in this Instrument by FORTUNATO T. DEE, Petitioner, v. COURT OF APPEALS, HON. REYNALDO G. ROS, In his capacity as Presiding Judge, Branch 80, Regional Trial Court, Morong, Rizal, and RODOLFO

  • G.R. No. 133710 - January 13, 2004 - PHILIPPINE BANKING CORPORATION, Petitioner, v. COURT OF APPEALS and AMALIO L. SARMIENTO, doing business under the firm name "A.L. SARMIENTO CONSTRUCTION," Respondents.

  • G.R. No. 135249 : January 16, 2004 - ATTY. ORLANDO SALVADOR for and in behalf of the PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS, Petitioner, v. HON. ANIANO DESIERTO, as Ombudsman, RAFAEL A. SISON, CESAR ZALAMEA, ALICIA Ll. REYES, ARISTON S

  • G.R. No. 134766 - January 16, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. ELPEDIO TORRES y CAETE, Appellant.

  • G.R. No. 135619 - January 15, 2004 - ADONIS ARADILLOS and ALBINO GALABO, Petitioners, v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES, represented by the Office of the Solicitor General, Respondents.

  • People vs. Genosa : 135981 : January 15, 2004 : J. Ynares-Santiago : En Banc : Dissenting Opinion

  • G.R. No. 136114. January 22, 2004 - LANDBANK OF THE PHILIPPINES, Petitioner, v. CONTINENTAL WATCHMAN AGENCY INCORPORATED AND THE COURT OF APPEALS, Respondents.

  • G.R. No. 135981 - January 15, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. MARIVIC GENOSA, Appellant.

  • G. R. Nos. 137542-43. January 20, 2004 - PEOPLE OF THE PHILIPPINES, Appellee, v. REYNAN SANTIAGO y CASTILLO, Appellant.

  • G.R. No. 139068 - January 16, 2004 - MALAYANG SAMAHAN NG MANGGAGAWA SA BALANCED FOOD, NILO LETADA, FERNANDO FALLERA, DANILO ESCARIO, BENEDICTO CARREON, CAMILO AGUILA, GERRY BAUTISTA, FRIDAY MENDOZA, MARINO TAYOTO, PEPE TUBELLO, ROLANDO SERRANO, MATIAS BAQ

  •  





     
     

    G.R. No. 133710 - January 13, 2004 - PHILIPPINE BANKING CORPORATION, Petitioner, v. COURT OF APPEALS and AMALIO L. SARMIENTO, doing business under the firm name

      G.R. No. 133710 - January 13, 2004 - PHILIPPINE BANKING CORPORATION, Petitioner, v. COURT OF APPEALS and AMALIO L. SARMIENTO, doing business under the firm name "A.L. SARMIENTO CONSTRUCTION," Respondents.

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 133710 - January 13, 2004]

    PHILIPPINE BANKING CORPORATION, Petitioner, v. COURT OF APPEALS and AMALIO L. SARMIENTO, doing business under the firm name "A.L. SARMIENTO CONSTRUCTION," Respondents.

    D E C I S I O N

    CORONA, J.:

    Before us is a petition for review seeking the reversal of the decision of the Court of Appeals1 dated October 22, 1997, which affirmed with modification the decision of the Regional Trial Court, Branch 20, Makati City, dismissing the complaint filed by petitioner Philippine Banking Corporation against private respondent Amalio L. Sarmiento, as well as the resolution of the Court of the Appeals dated May 14, 1998 denying petitioners motion for reconsideration.

    The facts follow.

    Amalio L. Sarmiento, registered owner of A.L. Sarmiento Construction, applied for a loan from Philippine Banking Corporation in the sum of P4,126,000, evidenced by promissory note no. 626-84. Pursuant thereto, Sarmiento obligated himself to pay the amount with interest at the rate of 29% per annum. Additionally, it was stipulated that if payment was not made upon maturity of the loan, penalty charges of 1% per month and 25% of the total amount due would be charged against him. Sarmiento signed the aforesaid promissory note together with the disclosure statement on loan/credit transaction provided by the bank.

    Sarmiento failed to pay the aforesaid obligation on maturity, prompting Philippine Banking Corporation to send him a letter of demand dated January 2, 1989. Despite the demand, however, Sarmiento still failed to settle his indebtedness. Thus, on February 20, 1989, Philippine Banking Corporation filed a complaint for a sum of money against him. In his answer, Sarmiento denied that he received the proceeds of the loan transaction and prayed that the case against him be dismissed.

    On August 26, 1991, the trial court rendered its decision, thus:

    WHEREFORE, in view of the foregoing, plaintiff has miserably failed to prove its case by preponderance of evidence. The above-entitled case is ordered dismissed with costs against plaintiff.

    Judgment over counterclaim in the sum of P30,000.00 as attorneys fees and P20,000.00 as litigation expenses is hereby awarded in favor of the defendant. No moral or exemplary damages adjudged.2

    On September 25, 1991, Philippine Banking Corporation filed a motion for new trial which the trial court subsequently granted despite the opposition of Sarmiento.

    On August 3, 1992, after the reception of evidence, the trial court rendered a decision finding the evidence adduced by the bank to be insufficient to substantiate its claim. The trial court reinstated its earlier dismissal of the case against Sarmiento and denied Philippine Banking Corporations subsequent motion for reconsideration.

    Aggrieved, Philippine Banking Corporation appealed to the Court of Appeals raising the following assignments of error:

    First Assignment of Error

    THE TRIAL COURT ERRED IN NOT FINDING THAT PLAINTIFF-APPELLANT HAS ESTABLISHED ITS CAUSE OF ACTION WITH AN OVERWHELMING PREPONDERANCE OF EVIDENCE

    Second Assignment of Error

    THE TRIAL COURT ERRED IN CONCLUDING THAT WHEN PLAINTIFF-APPELLANT WITHDREW THE AMOUNT OF P4,126,000.00 SIMULTANEOUSLY TO THE TIME THAT IT CREDITED THE SAME TO DEFENDANTS ACCOUNT, PLAINTIFF BANK ABORTED THE LOAN TRANSACTION UNDER PROMISSORY NOTE 626-84

    Third Assignment of Error

    THE TRIAL COURT SERIOUSLY ERRED IN AWARDING DEFENDANT-APPELLEE P30,000.00 AS ATTORNEYS FEES AND P20,000.00 AS LITIGATION EXPENSES, THE SAME BEING WITHOUT FACTUAL AND LEGAL BASIS, AND EXCESSIVE UNDER THE CIRCUMSTANCES.3

    On October 22, 1997, the Court of Appeals affirmed with modification the trial courts decision:

    WHEREFORE, the August 3, 1992 decision appealed from is MODIFIED to delete the trial courts award of attorneys fees. The rest is AFFIRMED in toto.4

    Hence, the instant petition anchoring its plea for reversal on the following errors allegedly committed by the Court of Appeals:

    IN NOT HOLDING THAT PETITIONER HAS OVERCOME ITS BURDEN OF PROOF THROUGH THE PRESENTATION OF OVERWHELMING PREPONDERANCE OF EVIDENCE ESTABLISHING ITS CAUSE OF ACTION

    IN NOT HOLDING THAT THE RESPONDENTS EVIDENCE FAILED TO SUCCESSFULLY CONTROVERT HIS OWN JUDICIAL ADMISSION OF THE GENUINENESS AND DUE EXECUTION OF THE ACTIONABLE DOCUMENTS UPON WHICH THE PETITIONERS CAUSE OF ACTION IS BASED

    IN NOT HOLDING THAT THE SUBJECT PROMISSORY NOTE WAS EXECUTED BY THE RESPONDENT FOR A VALID CONSIDERATION

    IN NOT HOLDING THAT PETITIONERS EVIDENCE HAS SUFFICIENTLY SHOWN THAT THE RESPONDENT RECEIVED THE PROCEEDS OF THE SUBJECT PROMISSORY NOTE

    IN AWARDING LITIGATION EXPENSES FOR P20,000.00 WITHOUT LEGAL BASIS.

    Petitioner contends that the appellate court incorrectly upheld the trial courts misinterpretation of the clear import of the entries in the bank statement. Said document showed that the proceeds of the loan obtained by respondent Sarmiento under promissory note no. 626-64 had been credited to his current account no. 1025-00815-0 maintained at petitioners New Manila Branch in the name of A.L. Sarmiento Construction. Petitioner further alleges that its cause of action against respondent Sarmiento was predicated upon actionable documents, the due execution and authenticity of which respondent admitted. Thus, no proof was required of petitioner to establish the contents of the said documents because such judicial admissions of respondent created a prima facie case in petitioners favor.

    We disagree.

    It is undisputed that respondent Sarmiento signed the promissory note and the accompanying disclosure statement on loan/credit transaction. But said pieces of evidence proved only the existence of such documents. There was even no question as to that because respondent Sarmiento himself admitted the due execution thereof. The important issue was whether or not respondent Sarmiento actually received the proceeds of the subject loan so as to make him liable therefor, a matter which should have been ventilated before the trial court.

    The trial court did in fact make a finding that the documentary evidence of petitioner failed to prove anything showing that respondent indeed received the proceeds of the loan. The Court of Appeals affirmed the conclusions of the trial court and declared:

    A pre-existing obligation, it may be conceded, constitutes value and may, of and by itself, serve as valuable and sufficient consideration for a contract such as the loan sued upon. As an essential element of a contract, however, the same should have been satisfactorily proved by the appellant particularly when, as in the instant case, the absence of consideration was precisely put in issue by the pleadings and was buttressed by both oral and documentary evidence. Having failed in this material respect, the appellants withdrawal of the amount supposedly credited to the appellees account was understandably interpreted by the court a quo as a termination/cancellation of the loan the latter applied for. Considering further that contracts without consideration do not exist in contemplation of law and produce no effect whatsoever (Article 1352, Civil Code of the Philippines), the trial, likewise, correctly dismissed the appellants case.5 (emphasis supplied)

    A statement in a written instrument regarding the payment of consideration is merely in the nature of a receipt and may be contradicted.6 Respondent Sarmiento denied having received the proceeds of the loan and in fact presented evidence showing that on the day petitioner claimed to have credited the subject amount, it was again debited or withdrawn by petitioner, admittedly upon the instruction of the officials from petitioners head office. Petitioner attempted to controvert this fact by claiming that the proceeds of the loan were applied to respondents previous obligations to the bank. But we find nothing in the records showing that respondent had other obligations to which the proceeds of the loan could or should have been applied. Moreover, petitioner failed to explain just exactly what said obligations were or to what extent the purported proceeds were applied in satisfaction thereof. What appeared clearly was that the proceeds of the loan were deposited then withdrawn the same day by petitioner itself, thus negating its claim that respondent actually received it. Petitioner therefore failed to establish its case against respondent Sarmiento.

    Be that as it may, the general rule is that only questions of law may be raised in a petition for review on certiorari. The appellate jurisdiction of this Court in cases brought to it from the Court of Appeals is limited to reviewing and correcting the errors of law committed by the latter, the findings of fact of the Court of Appeals being final and conclusive. In other words, the power of this Court is limited to determining whether the legal conclusions drawn from the findings of fact are correct. Barring a showing that the findings of fact complained of are totally devoid of support in the records, such determination must stand for the Court is neither expected nor required to examine or refute the oral and documentary evidence submitted by the parties.7

    Finally, the award of litigation expenses in the sum of P20,000 should be deleted for lack of legal basis.

    WHEREFORE, the instant petition for certiorari is hereby DENIED. The assailed decision and resolution of the Court of Appeals are AFFIRMED, subject to the MODIFICATION that the award of P20,000 as litigation expenses is hereby deleted.

    SO ORDERED.

    Vitug, (Chairman), Sandoval-Gutierrez, and Carpio-Morales, JJ., concur.


    Endnotes:

    1 Penned by Associate Justice Fermin A. Martin, Jr. and concurred in by Associate Justices Jesus M. Elbinias and Ruben T. Reyes.

    2Rollo, p. 48.

    3Rollo, pp. 51-52.

    4Rollo, p. 55.

    5Rollo, p. 54.

    6Maulini vs. Serrano, 28 Phil. 640 [1914].

    7Reyes, et. al. vs. CA, 383 SCRA 471 [2002].


    G.R. No. 133710 - January 13, 2004 - PHILIPPINE BANKING CORPORATION, Petitioner, v. COURT OF APPEALS and AMALIO L. SARMIENTO, doing business under the firm name


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED