Title
Garcia, Jr. vs. Court of Appeals
Case
G.R. No. 80201
Decision Date
Nov 20, 1990
A surety's liability for a corporate loan was upheld as valid despite claims of lack of consideration, novation, and unjust enrichment, affirming personal liability under the surety agreement.

Case Digest (G.R. No. L-54901)
Expanded Legal Reasoning Model

Facts:

  • Loan Transactions and Surety Agreement
    • On April 15, 1977, Western Minolco Corporation (WMC) obtained two loans from Philippine Investments Systems Organization (PISO):
      • ₱2,500,000.00 promissory note, payable May 30, 1977
      • ₱1,000,000.00 promissory note, payable May 30, 1977
    • On the same date, Antonio Garcia, Jr. and Ernest Kahn executed a surety agreement, binding themselves jointly and severally for the ₱2,500,000.00 loan.
  • Default and Initial Suit
    • WMC failed to pay on due date despite repeated demands.
    • PISO demanded payment from Garcia under the surety agreement; Garcia defaulted.
    • PISO assigned its credit rights to Lasal Development Corporation.
    • On April 5, 1983, Lasal sued Garcia in the Regional Trial Court (RTC) of Makati for recovery of the debt.
  • Trial Court Proceedings
    • May 18, 1983: Garcia moved to dismiss the complaint, arguing:
      • No cause of action stated
      • Suit would unjustly enrich Lasal (no consideration to surety)
      • Surety agreement violated corporate limited liability doctrine
      • Principal obligation had been novated
    • RTC granted the motion, dismissing for lack of consideration.
    • Lasal’s motion for reconsideration was denied.
  • Court of Appeals and Supreme Court Review
    • June 23, 1987: Court of Appeals reversed and remanded for trial on the merits.
    • Garcia filed a petition for review on certiorari to the Supreme Court, re-raising the trial court defenses.

Issues:

  • Validity of Surety Agreement for Lack of Consideration
  • Allegation of Unjust Enrichment of Lasal Development Corporation
  • Applicability of Corporate Limited Liability Doctrine to Release Garcia
  • Effect of Memorandum of Agreement (MOA) Purportedly Releasing Joint and Several Signatories
  • Impact of Extensions and Compounding of Interest on the Surety’s Liability (Article 2079, Civil Code)
  • Claim of Novation of the Principal Obligation and Extinguishment of the Surety Agreement
  • Subrogation and Substitution of Debtors Raised for the First Time on Appeal

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources.