Professional Documents
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ATP Case Digest
ATP Case Digest
Section
Ma. Aura Tina Angeles filed with the RTC a complaint for Specific
Performance with Damages against Jocelyn B. Doles (petitioner)
Respondent alleged that petitioner was indebted to the former in the concept
of a personal loan. By virtue of a "Deed of Absolute Sale", petitioner, as seller,
ceded to respondent, as buyer, a parcel of land. This property was mortgaged
to National Home Mortgage Finance Corporation (NHMFC). Petitioner refused
to cooperate with respondent to execute the necessary documents and other
formalities required by the NHMFC to effect the transfer of the title over the
property.
Respondent alleged that petitioner was indebted to the former in the concept
of a personal loan. By virtue of a "Deed of Absolute Sale", petitioner, as seller,
ceded to respondent, as buyer, a parcel of land. This property was mortgaged
to National Home Mortgage Finance Corporation (NHMFC). Petitioner refused
to cooperate with respondent to execute the necessary documents and other
formalities required by the NHMFC to effect the transfer of the title over the
property.
C. Party 2's Assertion/s Etc. (If more than 2 parties - use same format)
Petitioner denied that she borrowed money from respondent, and averred
that, she referred her friends to respondent whom she knew to be engaged in
the business of lending money in exchange for personal checks through her
capitalist Arsenio Pua. She alleged that her friends borrowed money from
respondent and issued personal checks in payment of the loan; that the
checks bounced for insufficiency of funds; that despite her efforts to assist
respondent to collect from the borrowers, she could no longer locate them.
Because of this, she was forced to issue eight checks to answer for the
bounced checks of the borrowers she referred; that prior to the issuance of
the checks she informed respondent that they were not sufficiently funded but
the latter nonetheless deposited the checks and for which reason they were
subsequently dishonored.
Decision of the lower court is REVERSED and SET ASIDE. Appelate court
is ordering defendant-appellee to execute all necessary documents to
effect transfer of subject property to plaintiff-appellant with the
arrearages of the former’s loan with the NHMFC, at the latter’s expense.
The CA concluded that petitioner was the borrower and, in turn, would
"re-lend" the amount borrowed from the respondent to her friends.
Yes, there was an Agency relationship, Under Article 1868 of the Civil Code,
the basis of agency is representation. An agency can be created either by
direct or circumstantial evidence. The question is ultimately one of
intention. Agency may even be implied from the words and conduct of the
parties and the circumstances of the particular case. In this case, petitioner
knew that the financier of respondent is Pua; and respondent knew that
the borrowers are friends of petitioner.
I. FACTS
A. Scenario/Background
Respondents sought to buy from petitioner one unit of sludge pump valued at
₱250,000.00. When the sludge pump arrived, petitioner refused to deliver the
same to respondents without their having fully settled their indebtedness to
petitioner. Thus, Respondent EDWIN and Alberto de Jesus, general manager
of petitioner, executed a Deed of Assignment of receivables in favor of
petitioner.
Petitioner points to Article 1897 of the New Civil Code that the agent who acts
in excess of the limits of his authority without giving such party sufficient
notice of his powers as such is personally liable to the party with whom he
contracts. As EDWIN did not sufficiently notify it of the extent of his powers as
an agent, petitioner claims that he should be made personally liable for the
obligations of his principal.
G. R. No. 125704
Date of Decision August 28, 1998
Ponente ROMERO, J.
Party 1: PHILEX MINING CORPORATION
Party 2: COMMISSIONER OF INTERNAL REVENUE, COURT OF
APPEALS, and THE COURT OF TAX APPEALS
I. FACTS
A. Scenario/Background
BIR sent a letter to Philex asking it to settle its tax liabilities for the 2nd, 3rd
and 4th quarter of 1991 as well as the 1st and 2nd quarter of 1992 in the total
amount of P123,821.982.52
B. Party 1's Assertion/s
C. Party 2's Assertion/s Etc. (If more than 2 parties - use same
format) D. Lower Court's Decision
E. Appellate Court's Decision
II. ISSUE/S RESOLVED BY THE SUPREME COURT
A.
B.
C. Etc. (If more than 3 issues - use same format)
III. RULING OF THE SUPREME COURT
A. Ruling to Issue A (include and emphasize doctrine, if any) B.
Ruling to Issue B (include and emphasize doctrine, if any) C. Ruling
to Issue C (include and emphasize doctrine, if any) Etc. (If more
than 3 issues - use same format)
General Topic (example: Dissolution)
Specific Topic (example: Manner of winding up) (Note: General and
specific topics are not limited to only one. If the case touched upon
2 or more issues, provide for the multiple general and specific
topics also.)
I. FACTS
A. Scenario/Background