Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1969 > April 1969 Decisions > G.R. No. L-26679 April 30, 1969 - JOAQUIN UYPUANCO v. EQUITABLE BANKING CORPORATION, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-26679. April 30, 1969.]

JOAQUIN UYPUANCO, Petitioner-Appellant, v. EQUITABLE BANKING CORPORATION, ET AL., Respondents-Appellees.

Ramon V . Sison for Petitioner-Appellant.

Tañada, Carreon & Teehankee for Respondents-Appellees.


SYLLABUS


1. REMEDIAL LAW; MUNICIPAL COURT; JURISDICTION; AMOUNT CLAIMED IN INSTANT CASE WAS WITHIN JURISDICTION OF MUNICIPAL COURT. — Where in the appeal from the order of the Court of First Instance rejecting the certiorari and prohibition petition wherein it was urged that the complaint for collection of money filed in the municipal court was outside its jurisdiction under Republic Act No. 2613 a mere reading of the complaint reveals that the claim under paragraph 3 and 4 thereof is the same one averred under paragraph 3, the ten per centum alleged in paragraph 4 being the same one referred to in paragraph 2, and not an additional amount, to wit: P4,500, as balance due on the principal, and 10% thereof as attorney’s fees, or a total of P4,950, the Court of First Instance was correct in holding that the said complaint was within the jurisdiction of the inferior court.

2. ID.; APPEAL; TREBLE COSTS; APPELLANT’S LAWYER LIABLE WHEN APPEAL IS FRIVOLOUS. — The circumstances surrounding this litigation definitely prove that this appeal is frivolous and a plain trick to delay payment and prolong litigation unnecessarily. Such attitude deserves severe condemnation, wasting, as it does the time that the courts could well devote to meritorious cases. It is but proper that appellant’s counsel shall pay treble costs in all instances.


D E C I S I O N


REYES, J.B.L., Acting, C.J.:


Appeal certified to this Court by the Court of Appeals as involving a question of jurisdiction of an inferior court (Judiciary Act, Section 17).

The Equitable Banking Corporation, a domestic bank, had sued Joaquin Uypuanco, Mariano Mabasa, and the Traders Insurance and Surety Co. in the Municipal Court of Manila. In the complaint it was alleged:jgc:chanrobles.com.ph

"2. That on June 5, 1957, the defendants obtained by way of loan from the plaintiff the sum of FIVE THOUSAND (P5,000.00) PESOS, Philippine Currency, promising jointly and severally to pay the same Ninety days (90) after date, with interest thereon at ten (10%) per centum per annum, of which amount there still remains an outstanding balance of FOUR THOUSAND FIVE HUNDRED (4,500.00) PESOS TOGETHER WITH TEN (10%) per centum of the amount due, in case the collection of said indebtedness is made by or through an attorney-at-law, as set forth in the promissory note, executed by said defendants on said date, a true copy of which is hereto attached and made as an integral part hereof as Annex "A."cralaw virtua1aw library

"3. That the above-mentioned sum of P4,500.00 due and payable to plaintiff on the promissory note, Annex "A," is now long overdue and the defendants have failed and refused, and still fail and refuse to pay the same, or any portion thereof, despite repeated demands upon them to do so;

"4. That because of defendant’s failure and refusal to satisfy plaintiff’s plainly valid, just and demandable claim, plaintiff was compelled to retain the services of the undersigned counsel to enforce the collection of the abovesaid obligation and said defendants have therefore incurred a further liability of ten (10) per centum of the whole amount due and payable to the plaintiff on the promissory note, Annex "A," for attorney’s fees, as stipulated therein."cralaw virtua1aw library

Prayer was for judgment against defendants in the sum of P4,500.00, with interest at 10% per annum; plus interest on the accrued interest; and 10% of the entire amount payable by way of attorney’s fees.

The municipal court heard the plaintiff ex parte because defendants failed to appear at the hearing and decided in favor of the plaintiff. This latter then moved for execution. At the hearing of the motion, Joaquin Uypuanco opposed the issuance of the writ on the ground that the municipal court had no jurisdiction over the case. The opposition was overruled, and a writ of execution was issued.

Uypuanco recoursed on certiorari and prohibition to the Court of First Instance of Manila, urging that the complaint had claimed, in addition to the basic debt of P4,500.00, ten per cent due in case the collection was done through counsel (paragraph 2) and "a further liability" of 10% of the whole amount due (paragraph 4); that all these amounts put together totalled more than P5,000-00 (excluding interest and costs), which was the upper limit of the municipal court’s jurisdiction under Republic Act 2613, then the law in force.

The court of first instance rejected the petition, asserting that the complaint only demanded collection of P4,500.00, plus 10% attorney’s fees, or P4,950.00, exclusive of interest and costs, and said amount was within the jurisdiction of the inferior court. Not content, Uypuanco appealed to the Court of Appeals, and the latter certified the case to this Supreme Court.

The appeal is absolutely devoid of merit. A mere reading of the essential allegations of the complaint, transcribed at the beginning of this opinion, reveals that paragraph 2 thereof avers the sums due under the terms of the promissory note, while paragraphs 3 and 4 allege the actual amounts due by reason of the defendants’ failure to comply with their obligation. The claim under paragraphs 3 and 4 is the same one averred under paragraph 2, to wit: P4,500.00, as balance due on the principal and 10% thereof as attorney’s fees, or a total of P4,950.00, as correctly declared by the court of first instance. The ten per centum alleged in paragraph 4 of the complaint is the same one referred to in paragraph 2, and not an additional amount, as contended by Appellant.

This party lays much emphasis on the expression "incurred a further liability of ten (10) per centum of the whole amount due and payable" ; but this "further liability" must be taken together with the averment of paragraph 3 of the same complaint, that there is "P4,500.00 due and payable to plaintiff on the promissory note." That is to say, that besides the principal of P4,500.00 defendants owed an additional ("further") ten per cent for attorney’s fees. By studiously omitting all reference to paragraph 3, appellant and his counsel would make it appear that paragraph 4 demanded 10% over and above the ten per cent averred in paragraph 2, which is not true.

The circumstances surrounding this litigation definitely prove that this appeal is frivolous and a plain trick to delay payment and prolong litigation unnecessarily. Such attitude deserves severe condemnation, wasting, as it does, the time that the courts could well devote to meritorious cases.

WHEREFORE, the decision appealed from is affirmed, and appellant’s counsel shall pay treble costs in all instances. Let this decision be noted in the personal record of the attorney for appellant in this Court for future reference.

SO ORDERED.

Dizon, Makalintal, Zaldivar, Sanchez, Fernando and Barredo, JJ., concur.

Concepcion, C.J., and Castro, J., on official leave.

Capistrano and Teehankee, JJ., did not take part.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






April-1969 Jurisprudence                 

  • G.R. No. L-25924 April 18, 1969 - EDUARDO Z. ROMUALDEZ, ET AL. v. FRANCISCO ARCA, ET AL.

  • G.R. No. L-27833 April 18, 1969 - IN RE: ARSENIO GONZALES v. COMMISSION ON ELECTIONS

  • G.R. No. L-29113 April 18, 1969 - PAZ M. GARCIA v. CLAUDIO TEEHANKEE, ET AL.

  • G.R. No. L-30052 April 18, 1969 - CAMILO V. PEÑA Y VALENZUELA, ET AL. v. COURT OF APPEALS

  • G.R. No. L-20953 April 21, 1969 - PEOPLE OF THE PHIL. v. FELIPE T. VILLAS

  • G.R. No. L-26489 April 21, 1969 - PEOPLE OF THE PHIL. v. ODONCIO TARRAYO, ET AL.

  • G.R. No. L-21492 April 25, 1969 - PEOPLE OF THE PHIL. v. ENRIQUITO TAPITAN, ET AL.

  • G.R. No. L-22452 April 25, 1969 - GEORGE KALITAS v. CATALINO LIDO, ET AL.

  • G.R. No. L-22799 April 25, 1969 - TOMAS L. LANTING v. RESTITUTO GUEVARRA, ET AL.

  • G.R. No. L-22945 April 25, 1969 - PEOPLE OF THE PHIL. v. ARASA HAN, ET AL.

  • G.R. No. L-23652 April 25, 1969 - IN RE: GO AY KOC v. REPUBLIC OF THE PHIL.

  • G.R. No. L-24166 April 25, 1969 - FIREMAN’S FUND INSURANCE COMPANY v. MANILA RAILROAD COMPANY, ET AL.

  • G.R. No. L-24508 April 25, 1969 - CENTRAL SAWMILLS, INC. v. ALTO SURETY & INSURANCE CO., ET AL.

  • G.R. No. L-25438 April 25, 1969 - IN RE: WILLIAM SAY CHONG HAI v. REPUBLIC OF THE PHIL.

  • G.R. No. L-25709 April 25, 1969 - RIZAL SURETY & INSURANCE COMPANY v. CUSTOMS ARRASTRE SERVICE, ET AL.

  • G.R. No. L-26602 April 25, 1969 - IN RE: LIM CHUY TIAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-26416 April 25, 1969 - IN RE: JULIO CHUA LIAN YAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-26524 April 25, 1969 - PHILIPPINE EDUCATION CO., INC. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-26789 April 25, 1969 - PEOPLE OF THE PHIL. v. DICTO ARPA, ET AL.

  • G.R. No. L-29910 April 25, 1969 - ANTONIO FAVIS v. CITY OF BAGUIO, ET AL.

  • G.R. No. L-20122 April 28, 1969 - FELICIANO A. CASTRO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-20268 April 28, 1969 - VENANCIO CASTAÑEDA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-24163 April 28, 1969 - REGINO B. ARO v. ARSENIO NAÑAWA, ET AL.

  • G.R. No. L-24813 April 28, 1969 - HERMENEGILDO SERAFICA v. TREASURER OF ORMOC CITY, ET AL.

  • G.R. No. L-25437 April 28, 1969 - IN RE: YAP EK SIU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-27347 April 28, 1969 - JOSE D. VILLEGAS, ET AL. v. ALFREDO FERNANDO, ET AL.

  • G.R. No. L-27588 April 28, 1969 - LUZON STEVEDORING CORPORATION v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-28805 April 28, 1969 - NATIONAL POWER CORPORATION SUPERVISORS’ UNION v. NATIONAL POWER CORPORATION, ET AL.

  • G.R. No. L-29930 April 28, 1969 - BENITO ARTUYO v. FRANCISCO GONZALVES, ET AL.

  • G.R. No. L-20374 April 28, 1969 - PEOPLE OF THE PHIL. v. SYLVIA ABONITALLA DE RAVIDAS

  • G.R. No. L-21483 April 28, 1969 - COMMISSIONER OF INTERNAL REVENUE v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. L-22418 April 28, 1969 - FELIX LIMON v. ALEJO CANDIDO, ET AL.

  • G.R. No. L-22012 April 28, 1969 - OTILLA SEVILLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-23282 April 28, 1969 - FELIPE GANOB, ET AL. v. REMEDIOS RAMAS, ET AL.

  • G.R. No. L-22587 April 28, 1969 - RUFINO BUENO, ET AL. v. MATEO H. REYES, ET AL.

  • G.R. No. L-28747 April 28, 1969 - PAZ M. GARCIA v. CLAUDIO TEEHANKEE, ET AL.

  • G.R. No. L-21690 April 29, 1969 - PEOPLE OF THE PHIL. v. EPIFANIO PUJINIO, ET AL.

  • G.R. No. L-22341 April 29, 1969 - JOSE RAMOS v. HONORATO GARCIANO, ET AL.

  • G.R. No. L-23973 April 29, 1969 - CIPRIANO VERASTIQUE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-25094 April 29, 1969 - PAN AMERICAN WORLD AIRWAYS, INC. v. PAN AMERICAN EMPLOYEES ASSOCIATION, ET AL.

  • G.R. No. L-25883 April 29, 1969 - CALTEX (PHILIPPINES) INC. v. CALTEX DEALERS ASSOCIATION OF THE PHILIPPINES, INC., ET AL.

  • G.R. No. L-19906 April 30, 1969 - STERLING PRODUCTS INTERNATIONAL, INC. v. FARBENFABRIKEN BAYER AKTIENGESELLSCHAFT, ET AL.

  • G.R. No. L-22382 April 30, 1969 - REPUBLIC MANUFACTURING CO., INC. v. MANILA RAILROAD COMPANY

  • G.R. No. L-24273 April 30, 1969 - PEOPLE OF THE PHIL. v. PEDRO FIGUEROA, ET AL.

  • G.R. No. L-24507 April 30, 1969 - ARSENIO REYES v. REYNALDO B. CHAVOSO, ET AL.

  • G.R. No. L-24402 April 30, 1969 - PEDRO V. C. ENRIQUEZ v. SECRETARY OF FINANCE, ET AL.

  • G.R. No. L-25604 April 30, 1969 - PAULO RODRIGUEZ, ET AL. v. ABRAJANO & CO., INC.

  • G.R. No. L-26679 April 30, 1969 - JOAQUIN UYPUANCO v. EQUITABLE BANKING CORPORATION, ET AL.

  • G.R. No. L-27010 April 30, 1969 - MARLENE DAUDEN-HERNAEZ v. WALFRIDO DELOS ANGELES, ET AL.