Title
Aglibot vs. Santia
Case
G.R. No. 185945
Decision Date
Dec 5, 2012
Aglibot, as an accommodation party, is personally liable for dishonored checks issued to secure a loan, with solidary liability and no benefit of excussion.

Case Digest (G.R. No. L-11977)
Expanded Legal Reasoning Model

Facts:

  • Parties and Subject Matter
    • Petitioner Fideliza J. Aglibot (Aglibot), Manager and major stockholder of Pacific Lending & Capital Corporation (PLCC).
    • Private respondent Engr. Ingersol L. Santia (Santia), lender and complainant in criminal cases.
  • Loan Transaction and Security
    • On July 1, 2003, Santia loaned PLCC ₱2,500,000.00 evidenced by a promissory note signed by Aglibot on behalf of PLCC, payable in one year at 24% per annum.
    • As security, Aglibot issued eleven post-dated personal checks drawn on her Metrobank account, purportedly as guaranty or security for PLCC’s debt.
  • Dishonor and Criminal Complaints
    • Upon presentment, all eleven checks were dishonored for insufficient funds or closed account.
    • Santia filed eleven Informations for violation of Batas Pambansa Blg. 22 (bouncing checks) against Aglibot in MTCC Dagupan City (Criminal Case Nos. 47664–47674).
  • Aglibot’s Defense
    • Admitted the loan on behalf of PLCC and claimed Santia agreed not to deposit checks but to return them upon payment; denied receiving notice of dishonor.
    • Asserted she was a mere guarantor and Santia failed to exhaust remedies against PLCC.
  • Lower Court Decisions
    • MTCC Joint Decision (Aug. 18, 2006): Acquitted Aglibot for lack of notice; ordered her to pay Santia ₱3,000,000.00 (face value plus 12% p.a. interest from filing, attorney’s fees, costs).
    • RTC Decision (Apr. 3, 2007): Reversed MTCC civil liability; dismissed civil aspect for failure to exhaust remedies against PLCC as principal debtor. Motion for reconsideration denied (June 12, 2007).
    • CA Decision (Mar. 18, 2008): Reversed RTC; held Aglibot personally liable as an accommodation party, ordered payment of ₱3,000,000.00 with 12% p.a. interest from filing until finality, then compounded at 12% p.a. Motion for reconsideration denied (Dec. 23, 2008).
  • Petition for Review
    • Aglibot filed a Rule 45 petition before the Supreme Court seeking to annul the CA Decision.

Issues:

  • Whether petitioner Aglibot, having issued her personal checks on behalf of PLCC, may invoke the benefit of excussion as a guarantor and avoid personal liability.
  • Whether the absence of a written guaranty agreement under the Statute of Frauds precludes treating Aglibot as a guarantor.
  • Whether, under the Negotiable Instruments Law, Aglibot is instead an accommodation party with immediate and unconditional liability.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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