Title
Arco Pulp and Paper Co., Inc. vs. Lim
Case
G.R. No. 206806
Decision Date
Jun 25, 2014
Dan T. Lim supplied materials to Arco Pulp and Paper, which issued a dishonored check. A memorandum with Eric Sy did not extinguish the debt. SC upheld CA: no novation, solidary liability for Santos, and damages awarded for bad faith.
A

Case Digest (G.R. No. L-68288)

Facts:

  • Parties and Background
    • Petitioners: Arco Pulp and Paper Co., Inc. and its President/CEO, Candida A. Santos
    • Respondent: Dan T. Lim, doing business as Quality Papers & Plastic Products Enterprises
  • Transactions and Procedural History
    • February–March 2007: Lim delivered scrap papers worth ₱7,220,968.31 to Arco Pulp and Paper under agreement to pay either cash or finished products of equivalent value.
    • April 18, 2007: Arco issued a post-dated check for ₱1,487,766.68 which was dishonored for a closed account.
    • Same day: Arco and Eric Sy executed a memorandum of agreement (MOA) to deliver finished products to Megapack Container Corp., using Lim’s raw materials.
    • May 5, 2007: Lim demanded payment; no remittance followed.
    • May 28, 2007: Lim filed a collection suit in RTC Valenzuela City. Arco defaulted at pre-trial; evidence admitted ex parte.
    • September 19, 2008: RTC dismissed Lim’s complaint, ruling that the MOA novated and extinguished Arco’s obligation.
    • Lim appealed to the Court of Appeals (CA).
    • January 11, 2013: CA reversed, ordering Arco and Santos to pay Lim ₱7,220,968.31 plus 12% interest from demand, ₱50,000 moral damages, ₱50,000 exemplary damages, and ₱50,000 attorney’s fees.
    • Petitioners moved for reconsideration; denied. They then filed this petition for review on certiorari before the Supreme Court.

Issues:

  • Was the original obligation extinguished by novation?
  • Is Candida A. Santos solidarily liable with Arco Pulp and Paper Co., Inc.?
  • Are moral damages, exemplary damages, and attorney’s fees properly awarded?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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