Title
Permanent Savings and Loan Bank vs. Velarde
Case
G.R. No. 140608
Decision Date
Sep 23, 2004
Bank sued Velarde for unpaid loan; Supreme Court ruled Velarde liable due to implied admission of loan documents and timely demand letters.

Case Digest (G.R. No. 140608)
Expanded Legal Reasoning Model

Facts:

  • Parties and Nature of the Case
    • Petitioner: Permanent Savings and Loan Bank (PSLB), represented by its Deputy Liquidator after the bank was placed under liquidation.
    • Respondent: Mariano Velarde.
    • Case filed before the Regional Trial Court (RTC) of Manila, Branch 37, docketed as Civil Case No. 94-71639.
    • Complaint: PSLB sought to recover P 1,000,000.00 plus accrued interests and penalties based on a loan obtained by Velarde, evidenced by:
      • Promissory Note dated September 28, 1983.
      • Loan Release Sheet dated September 28, 1983.
      • Loan Disclosure Statement dated September 28, 1983.
  • Demand and Respondent's Reaction
    • Demand Letter sent on July 27, 1988, demanding full payment.
    • Another demand sent on February 22, 1994.
    • Response by respondent's counsel claimed no such obligation existed but was covered by a contemporaneous or subsequent agreement.
  • Respondent's Answer
    • Disclaimed any liability on the loan documents.
    • Stated the signature on the promissory note seems to be his but the amount was received by another person; thus, he should not be held liable.
    • Claimed documents did not express the true intention of the parties.
    • Filed denial under oath stating the promissory note, even if genuine, does not bind him and does not express true intention.
  • Trial Proceedings
    • Pre-trial issues defined:
      • Whether Velarde has an outstanding loan obligation.
      • Whether Velarde is obligated to pay loan including interest and attorney’s fees.
      • Whether Velarde executed the promissory note, considering doubt on signature genuineness and non-receipt of loan proceeds.
      • Whether the obligation has prescribed due to lapse of time.
      • Validity of respondent's counterclaim and damages.
  • PSLB presented Antonio Marquez, Assistant Department Manager of the Philippine Deposit Insurance Corporation and Deputy Liquidator, who identified the loan documents.
  • Respondent did not present evidence but filed a demurrer to evidence on grounds of failure to prove case by preponderance, and claimed the cause of action was barred by prescription.
  • Decisions Below
    • RTC granted demurrer to evidence, dismissing complaint and counterclaims (January 26, 1996).
    • Court of Appeals (CA) affirmed dismissal (October 27, 1999), reasoning petitioner failed to prove existence of the loan and that the cause of action had prescribed.
  • Petition for Review to the Supreme Court
    • PSLB assigned errors that CA erred in:
      • Holding that petitioner failed to establish genuineness and authenticity of loan documents.
      • Holding that the cause of action was barred by prescription or laches.

Issues:

  • Whether petitioner failed to establish the genuineness, due execution, and authenticity of the subject loan documents.
  • Whether the petitioner’s cause of action is barred by prescription and/or laches.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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