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CASE 2016-0056: CAMERON GRANVILLE & ASSET MANAGEMENT, INC., V. FIDEL 0. CHUA AND FILIDEN REALTY AND DEVELOPMENT CORP., (G.R. 191170, SEPTEMBER 2016, SERENO, CJ.) (SUBJECT/S: REJOINDER OF PARTIES; WHETHER THE SUBSTITUTED PARTY REMAIN AS PARTY OR BE DELETED) (BRIEF TITLE: CAMERON GRANVILLE VS CHUA ET AL.)

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October 17, 2016

CASE 2016-0056: CAMERON GRANVILLE & ASSET MANAGEMENT, INC., V. FIDEL 0. CHUA AND FILIDEN REALTY AND DEVELOPMENT CORP.,  (G.R. 191170, SEPTEMBER 2016, SERENO, CJ.) (SUBJECT/S: REJOINDER OF PARTIES; WHETHER THE SUBSTITUTED PARTY REMAIN AS PARTY OR BE DELETED) (BRIEF TITLE: CAMERON GRANVILLE VS CHUA ET AL.)

 

 DISPOSITIVE:

 

“WHEREFORE, the petition is GRANTED. The Court of Appeals Decision dated 26 August 2009 and Resolution dated 11 February 2010 in CA-G.R. SP No. 103809 are REVERSED and SET ASIDE. The Orders dated 28 December 2007 and 9 April 2008 issued by the Regional Trial Court of Parafiaque City, Branch 258, are REINSTATED.

 

 SO ORDERED”

 

SUBJECTS/DOCTRINES/DIGEST:

 

PETITIONER FILED MOTION TO BE JOINED AS PARTY IN LIEU OF METROBANK. RTC GRANTED THE MOTION PROVIDED THAT METROBANK WILL STILL BE A PARTY UNTIL EVIDENCES SHOW THAT IT BE OUT AS A PARTY. RESPONDENT QUESTIONED SUCH RULING AT CA ON GROUND THAT CA COMMITTED GRAVE ABUSE OF DISCRETION. CA REVERSED RTC ON GROUND THAT THE RTC DECISION WAS A PROVISIONAL JOINDER/SUBSTITUTION OF PARTIES WHICH IS AGAINST THE BASIC RULE THAT EVERY ACTION MUST BE PROSECUTED OR DEFENDED IN THE NAME OF THE REAL PARTY IN INTEREST. IS CA CORRECT?

 

NO.

 

THERE WAS NO GRAVE ABUSE OF DISCRETION ON THE PART OF RTC. ITS RULING WAS IN ACCORD WITH SECTION 11, RULE 3 OF THE RULES OF COURT.

THE RULE PROVIDES THAT PARTIES MAY BE DROPPED OR ADDED BY ORDER OF THE COURT ON MOTION OF ANY PARTY OR ON THE COURT’S OWN INITIATIVE AT ANY STAGE OF THE ACTION AND ON SUCH TERMS AS ARE JUST.

 

WHAT IS THE RATIONALE FOR ALLOWING PARTIES TO JOIN IN A PROCEEDING WHICH HAS A COMMON QUESTION OF LAW OR FACT CONCERNING THEM?

 

TRIAL CONVENIENCE, I.E. TO SAVE THE PARTIES UNNECESSARY WORK, TROUBLE AND EXPENSE.

 

TO ACHIEVE JUSTICE AND CONVENIENCE, THE RULE ON THE JOINDER OF PARTIES IS CONSTRUED WITH CONSIDERABLE FLEXIBILITY.

 

THE CA ALSO SAID THAT IT WAS NOT CLEAR WHETHER RESPONDENTS’ DEBT WAS INCLUDED IN THE PORTFOLIO OF NONPERFORMING LOANS SOLD TO ARC WHO ASSIGNED IT TO PETITIONER. IS THIS TRUE?

 

NO.

METROBANK BEFORE THE TRIAL COURT HAS CONFIRMED THE FACT OF THE TRANSFER OF INTEREST TO ARC WHICH THEN TRANSFERRED TO PETITIONER.

 

THE ADMISSION BY METROBANK SUFFICIENTLY SUPPLIED WHATEVER WAS OMITTED BY THE NON-PRESENTATION OF THE ENTIRE PORTFOLIO OF NONPERFORMING LOANS.


TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0070-cameron-granville-asset-management-inc

 

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Comment

CASE 2016-0069: SERGIO R. OSMENA Ill VERSUS POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION, EMMANUEL R. LEDESMA, JR., SPC POWER CORPORATION, and THERMA POWER VISAYAS, INC. (G.R. No. 212686, 05 OCT 2016, VELASCO JR., J.) (SUBJECT/S: SC MODIFIES FINAL JUDGMENT;EFFECT OF SEVERABILITY CLAUSE IN BIDDING GUIDELINES) (BRIEF TITLE: OSMENA VS. PSALM ET AL.)

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October 12, 2016

CASE 2016-0069: SERGIO R. OSMENA Ill  VS  POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION, EMMANUEL R. LEDESMA, JR., SPC POWER CORPORATION, and THERMA POWER VISAYAS, INC. (G.R. No. 212686, 05 OCT 2016,  VELASCO JR., J.) (SUBJECT/S: SC MODIFIES FINAL JUDGMENT;EFFECT OF  SEVERABILITY CLAUSE IN BIDDING GUIDELINES) (BRIEF TITLE: OSMENA VS. PSALM ET AL.)


DISPOSITIVE:

 

“WHEREFQRE, premises considered, the Manifestation/Motion dated March 16, 2016 of respondent TPVI is hereby GRANTED. The Entry of Judgment is LIFTED. The fa/lo of the September 28, 2015 Decision is hereby amended to include a directive that the April 30, 2014 Notice of Award in favor of said respondent be REINSTATED, excluding the portion therein granting to SPC the Right to Top. Respondent PSALM is further directed to execute the NPPC-APA and NPPC-LLA in favor of respondent TPVI with dispatch. As amended, the fa/lo of said Decision shall read:

 

WHEREFORE, the petition is hereby GIVEN DUE COURSE and the writ prayed for accordingly GRANTED. The right of first refusal (right to top) granted to Sakon Power Corporation (now SPC Power Corporation) under the 2009 Naga LBGT-LLA is hereby declared NULL and VOID. Consequently, the Asset Purchase Agreement (NPPC-APA) and Land Lease Agreement (NPPC-LLA) executed by the Power Sector Assets and · Liabilities Management Corporation and SPC are ANNULLED and SET ASIDE. The Notice of Award dated April 30, 2014 in favor of Therma Power Visayas, Inc. is hereby REINSTATED, excluding the portion therein granting to SPC the Right to Top. Respondent PSALM is directed to execute the NPPC-AP A and NPPCLLA in favor of TPVI with dispatch.

 

No costs.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:


WHAT HAPPENED IN THIS CASE?

 

THE POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORP (PSALM) CONDUCTED BIDDING FOR THE SALE OF NPPC POWER PLANT. BIDDERS WERE THERMA POWER VISAYAS INC AND SPC POWER CORP. THERMA POWER WON. PSALM ISSUED NOTICE OF AWARD TO THERMA POWER BUT SUBJECT TO THE CONDITION THAT SPC WILL NOT EXERCISE ITS RIGHT OF FIRST REFUSAL. THEN SPC EXERCISED ITS RIGHT OF FIRST REFUSAL BY PROPOSING TO PSALM THAT IT WILL EXECUTE LEASE AGREEMENT AND PURCHASE AGREEMENT OVER THE NPCC POWER PLANT. PSALM AND SPC EXECUTED SAID AGREEMENTS AND PSALM  CANCELLED THE  NOTICE OF AWARD. IN ITS PREVIOUS DECISION SC RULED THAT THE PROVISION IN THE BIDDING GUIDELINES RE RIGHT OF FIRST REFUSAL OF SPC WAS ILLEGAL AND THE LEASE AND PURCHASE AGREEMENTS WERE ALSO ILLEGAL. BUT IT WAS SILENT ON THE EFFECT OF THE DECISION ON THE NOTICE OF AWARD. THERMA POWER THEN ASKED FOR CLARIFICATION WITH PRAYER TO REINSTATE THE NOTICE OF AWARD. SC IN THIS RESOLUTION REINSTATED THE NOTICE OF AWARD.

 

WHAT WAS THE BASIS FOR THE REINSTATEMENT OF THE NOTICE OF AWARD?

 

THE BASIS IS THE SEVERABILITY CLAUSE IN THE BIDDING GUIDELINES WHICH STATES: IF ANY ONE OR MORE OF THE PROVISIONS OF THE BIDDING PROCEDURES OR ANY PART OF THE BIDDING PACKAGE IS HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE VALIDITY, LEGALITY, OR ENFORCEABILITY OF THE REMAINING PROVISIONS WILL NOT BE AFFECTED THEREBY AND SHALL REMAIN IN FULL FORCE AND EFFECT.

 

BUT WAS IT PROPER FOR SC TO AMEND A FINAL JUDGMENT?

 

YES.

 

THE COURT IS NOT PRECLUDED FROM RENDERING A NUNC PRO TUNC JUDGMENT TO AMEND THE DISPOSITIVE PORTION OF THE SEPTEMBER 28, 2015 DECISION IN ORDER TO TRULY REFLECT THE ACTION OF THE COURT.

 

THE LACK OF DIRECTIVE IN THE DECISION  ON HOW TO PROCEED FROM THE NULLIFICATION OF SPC’S RIGHT TO TOP AND ITS NPPC-APA AND NPPC-LLA CONTRACTS, NOTHING MORE, LEFT THE PARTIES AT A QUANDARY, PROMPTING THEM TO SEEK JUDICIAL INTERVENTION ANEW.

 

THE COURT MUST, THEREFORE, SUPPLY HEREIN WHAT WAS INADVERTENTLY OMITTED IN THE DECISION. OTHERWISE, A REJECTION OF THE PLEA OF THERMA POWER WILL RESULT TO  MULTIPLICITY OF SUITS AND CLOGGING OF THE COURT DOCKET. THIS CONSEQUENCE IS AGAINST THE ESTABLISHED POLICY OF THE COURT TO PROVIDE IN ITS RULES OF PROCEDURE A JUST, SPEEDY, AND INEXPENSIVE DISPOSITION OF EVERY ACTION AND PROCEEDING.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0069-therma-power-visayas-inc

 

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Comment

CASE 2016-0068: SPOUSES CHARITO M. REYES AND ROBERTO REYES, AND SPOUSES VILMA M. MARAVILLO AND DOMINGO MARA VILLO, JR., PETITIONERS, -VERSUS HEIRS OF BENJAMIN * MALANCE, NAMELY: ROSALINA M. MALANCE, BERNABE M. MALANCE, BIENVENIDO M. MALANCE, AND DOMINGA** M. MALANCE, REPRESENTED BY BIENVENIDO M. MALAN CE, RESPONDENTS (G.R. NO. 219071, 24 AUGUST 2016, PERLAS-BERNABE, J.) (CONTRACT OF ANTICHRESIS) (BRIEF TITLE: SPOUSES REYES ET AL VS. HEIRS OF BENJAMIN MALANCE)

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October 9, 2016

CASE 2016-0068: SPOUSES CHARITO M. REYES AND ROBERTO REYES, AND SPOUSES VILMA M. MARAVILLO AND DOMINGO MARA VILLO, JR., PETITIONERS, -VERSUS HEIRS OF BENJAMIN * MALANCE, NAMELY: ROSALINA M. MALANCE, BERNABE M. MALANCE, BIENVENIDO M. MALANCE, AND DOMINGA** M. MALANCE, REPRESENTED BY BIENVENIDO M. MALAN CE, RESPONDENTS (G.R. NO. 219071, 24 AUGUST 2016, PERLAS-BERNABE, J.) (CONTRACT OF ANTICHRESIS) (BRIEF TITLE: SPOUSES REYES ET AL VS. HEIRS OF BENJAMIN MALANCE)


DISPOSITIVE:

 

 “WHEREFORE, the Decision dated July 23, 2013 and the Resolution dated June 18, 2015 of the Court of Appeals in CA-G.R. CV No. 95984 are hereby MODIFIED: (a) declaring that the unpaid loan balance of Benjamin Malance’s (Benjamin) to petitioners Charito M. Reyes and Vilma M. Maravillo (the Magtalas sisters) is ?273,648.93 as herein computed; (b) dismissing the counterclaim of petitioners the Magtalas sisters and their respective husbands, Roberto Reyes and Domingo Maravillo, Jr., on the ground of prematurity, without prejudice; and (c) directing the Magtalas sisters, as antichretic creditors, to henceforth render an annual accounting to respondents Heirs of Benjamin Malance, namely: Rosalina M. Malance, Bernabe M. Malance, Bienvenido M. Malance, and Dominga M. Malance, as represented by Bienvenido Malance, of the annual net yield from the subject land, until such time that they have completely collected the outstanding loan balance of Benjamin’s debt.


SO ORDERED.”

 

 SUBJECTS/DOCTRINES/DIGEST:

 

“The Court, however, concurs with the RTC’s finding, as affirmed by the CA, that the Kasulatan is a contract of antichresis. Article 2132 of the Civil Code provides:

Art. 2132. By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of the interest, if owing, and thereafter to the principal of his credit.

 

Thus, antichresis involves an express agreement between parties whereby : (a) the creditor will have possession of the debtor’s real property given as security; (b) such creditor will apply the fruits of the said property to the interest owed by the debtor, if any, then to the principal amount;53 (c) the creditor retains enjoyment of such property until the debtor has totally paid what he owes;54 and (d) should the obligation be duly paid, then the contract is automatically extinguished proceeding from the accessory character of the agreement. 55

 

Bearing these elements in mind, the evidence on record shows that the parties intended to enter into a contract of antichresis. . . . .

 

As antichretic creditors, the Magtalas sisters are entitled to retain enjoyment of the subject land until the debt has been totally paid.

 

………

 

The debt not having been totally paid, petitioners are entitled to retain enjoyment of the subject land. Consequently, the Malance heirs’ complaint for recovery of possession, declaration of nullity of the Kasulatan, and damages against petitioners must be dismissed.

 

As a final matter for resolution, the Court likewise dismisses petitioners’ counterclaim for the payment of Benjamin’s principal debt, including interest, considering that the same was not yet due and demandable at the time the claim therefor was filed.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

scd-2016-0068-spouses-reyes

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.

 

 

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