Title
Asian Trading Corp. vs. Court of Appeals
Case
G.R. No. 76276
Decision Date
Feb 15, 1999
Petitioners challenged a bank's premature collection suit over a promissory note; Supreme Court denied certiorari, ruling no grave abuse of discretion and improper remedy.
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Case Digest (G.R. No. 76276)

Facts:

  1. Parties Involved:

    • Petitioners: Asian Trading Corporation, Miguel L. Romero, and Edcel C. Lagman.
    • Respondents: Hon. Court of Appeals (Eighth Division) and Philippine Banking Corporation (Bank).
  2. Nature of the Case:

    • The Bank filed a complaint against the petitioners for the collection of P2,700,000.00 plus interest and attorney's fees, based on a promissory note executed by the petitioners on July 9, 1982.
  3. Terms of the Promissory Note:

    • Date of Promissory Note: July 9, 1982.
    • Due Date: August 9, 1984.
    • Terms of Payment: Principal payable semi-annually, interest payable quarterly.
    • Acceleration Clause: The entire principal becomes due and demandable upon default of any installment or other obligations.
    • Attorney's Fees: 25% of the total amount due in case of suit.
  4. Bank's Claim:

    • The Bank alleged that the petitioners failed to pay the first and second installments due on January 9, 1983, and July 9, 1983, respectively, triggering the acceleration clause.
  5. Petitioners' Defense:

    • Petitioners argued that the obligation was not yet due and demandable, as the due date was August 9, 1984, and the complaint was premature.
  6. Trial Court's Decision:

    • The trial court denied the petitioners' demurrer to evidence and ruled in favor of the Bank.
  7. Court of Appeals' Decision:

    • The Court of Appeals dismissed the petitioners' petition for certiorari, holding that the trial court did not commit grave abuse of discretion.
  8. Compromise Agreement:

    • The parties attempted to settle the case through a compromise agreement, but disputes arose over attorney's fees, leading to the reinstatement of the petition.

Issue:

  1. Procedural Issue:

    • Whether the petitioners' remedy of certiorari was proper, given that they could have appealed the trial court's decision.
  2. Substantive Issue:

    • Whether the petitioners were deprived of their right to present evidence, and whether the Court of Appeals erred in considering such presentation as an "empty formality."

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court upheld the decisions of the lower courts, emphasizing that certiorari is not a remedy for errors of judgment and that the petitioners' right to present evidence was not violated under the circumstances. The petition was denied, and no costs were awarded.


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