August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 196862 : August 31, 2011]
PERLA SIAN-GONZALES V. PNB REPUBLIC BANK, NOW MAYBANK PHILIPPINES, INC., ET AL
Please take notice that the Court, Third Division, issued a Resolution dated 31 August 2011, which reads as follows:
G.R. No. 196862 (Perla Sian-Gonzales v. PNB Republic Bank, now Maybank Philippines, Inc., et al.).
RESOLUTION
After review of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals committed reversible error when it dismissed the complaint without prejudice because of certain procedural lapses and failure to substantiate allegations in the complaint. (1) Petitioner alleged prescription but neither presented the contracts of loan and mortgage nor alleged the date when the cause of action accrues[1] or the time she stopped paying;[2] (2) Petitioner alleged novation but failed to show its requisites: a previous valid obligation, agreement of all the parties to the new contract, extinguishment of the old contract, and validity of the new one;[3] (3) Petitioner failed to implead indispensable parties; and (4) Petitioner failed to show her authority to file a suit for cancellation of lien on her brother's property.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] B & I Realty Co., Inc. v. Caspe, G.R. No. 146972, January 29, 2008, 543 SCRA 1, 10.[2] CIVIL CODE, Art. 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest.
[3] Diongzon v. Court of Appeals, 378 Phil. 1090, 1096 (1999), citing Reyes v. Court of Appeals, 332 Phil. 40, 50 (1996).