Title
1st Philippine International Bank vs. Court of Appeals
Case
G.R. No. 115849
Decision Date
Jan 24, 1996
Bank refused to honor a P5.5M land sale agreement after conservator change; SC ruled contract valid, enforceable, and reprimanded bank for forum-shopping.

Case Digest (G.R. No. 115849)
Expanded Legal Reasoning Model

Facts:

  • Parties and Representation
    • Petitioners
      • First Philippine International Bank (formerly Producers Bank of the Philippines) – a banking institution placed under Central Bank conservatorship.
      • Mercurio Q. Rivera – Head Manager, Property Management Department of the Bank.
    • Respondents
      • Carlos C. Ejercito – assignee of original plaintiffs Demetrio Demetria and Jose O. Janolo.
      • Court of Appeals – promulgated the decision under review.
  • Pre-litigation Negotiations and Correspondence
    • Acquisition of Property
      • Six parcels, 101 hectares, Sta. Rosa, Laguna, TCT Nos. T-106932 to T-106937, acquired as foreclosure collateral.
      • BYME Investment & Development Corp. was original mortgagor.
    • Sequence of Offers and Counter-offers
      • Early August 1987 – Demetria and Janolo meet Rivera to express interest; Rivera advises formal written offer.
      • August 30, 1987 – Janolo offers ₱3,500,000 in cash (Exh. B).
      • September 1, 1987 – Rivera, on Bank letterhead, counters at ₱5,500,000 (Exh. C).
      • September 17, 1987 – Janolo amends offer to ₱4,250,000 (Exh. D).
      • September 28, 1987 – Meeting with Senior VP Luis Co; discussion of price.
      • September 30, 1987 – Janolo accepts Bank’s ₱5,500,000 offer in writing (Exh. E).
    • Conservatorship and Subsequent Communications
      • October 12, 1987 – Leonida T. Encarnacion appointed Acting Conservator.
      • November 4, 1987 – Rivera writes offer is “under study” by new conservator (Exh. F).
      • November & December 1987 – Plaintiffs tender payment and demand execution; Bank refuses, advertises property for sale.
      • May 12, 1988 – Acting Conservator Encarnacion repudiates Rivera’s authority; claims no perfected contract (Annex V).
  • Litigation History
    • May 16, 1988 – Suit for specific performance and damages filed in RTC Makati (Branch 59).
    • July 10, 1991 – RTC renders judgment: recognizes perfected contract; orders sale; awards damages and fees.
    • January 14, 1994 – CA modifies award but affirms existence of perfected and enforceable contract.
    • Concurrent “Second Case” (Civil Case No. 92-1606) – derivative suit by majority shareholders and directors in RTC Makati (Branch 134) to declare sale unenforceable and enjoin its implementation.
    • Present Petition – Bank and Rivera seek certiorari relief under Rule 45 to set aside CA Decision and Resolution.

Issues:

  • Procedural Issues
    • Did petitioners engage in forum-shopping by filing or permitting the derivative suit while the appeal in CA was pending?
    • Are there issues raised for the first time on appeal (e.g., extinguishment of the ₱5.5 M offer; conservator’s repudiation powers) that warrant disregard?
  • Substantive Issues
    • Was there a perfected contract of sale between the plaintiffs (Demetria & Janolo/Ejercito) and the Bank for the 101-hectare property?
    • If perfected, is the contract enforceable despite the Statute of Frauds (Art. 1403(2))?
    • Could the Central Bank-appointed conservator unilaterally repudiate or revoke such perfected contract under Sec. 28-A, Republic Act No. 265?
    • Did the CA commit reversible errors in its factual findings or legal conclusions?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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