Title
Philippine Wireless, Inc. vs. Optimum Development Bank
Case
G.R. No. 208251
Decision Date
Nov 10, 2020
PWI and RETELCO defaulted on loans from Capitol, leading to a collection case. Despite a rehabilitation Stay Order, appellate proceedings continued; SC ruled Capitol as the real party-in-interest, allowing enforcement.
A

Case Digest (G.R. No. 168384)

Facts:

  • Background and Credit Transactions
    • In August 1997, Philippine Wireless, Inc. (PWI) secured a ₱20 million credit facility from Capitol Development Bank (Capitol) under a Credit Agreement, with Republic Telecommunications, Inc. (RETELCO) as corporate surety.
    • PWI borrowed:
      • ₱10 million on September 11, 1997 (36% per annum, Account No. COM 735)
      • ₱10 million on September 12, 1997 (36% per annum, Account No. COM 735-A)
      • ₱2.2 million in February 1998 (32.53% per annum, Account No. COM-735-B)
    • After several agreed extensions, the aggregate unpaid balance as of June 10, 1998 was ₱23,363,378.73, which ballooned to ₱24,669,709.40 by July 10, 1998.
  • Collection Case and Rehabilitation Proceedings
    • On June 15, 1998, Capitol demanded payment from PWI and RETELCO. Upon non-payment, Capitol filed Civil Case No. 66906 in the RTC of Pasig for collection.
    • On September 15, 2008, the RTC of Pasig rendered judgment in favor of Capitol, ordering PWI and RETELCO, jointly and severally, to pay:
      • ₱24,669,709.40 plus 6% legal interest from July 16, 1998 until full payment
      • Attorney’s fees equivalent to 10% of the obligation, plus costs
    • PWI and RETELCO appealed to the Court of Appeals (CA) under Rule 41.
    • While the appeal was pending, PWI and RETELCO filed a petition for corporate rehabilitation in the RTC of Makati (August 20, 2009).
    • On August 24, 2009, the rehabilitation court issued a Stay Order appointing a receiver and staying “enforcement of all claims, whether for money or otherwise…against the petitioners and its guarantors and sureties.”
    • The CA initially suspended, then resumed, the appellate proceedings; on April 17, 2013, the CA denied the appeal for lack of merit and affirmed the RTC judgment. A subsequent motion for reconsideration was denied on July 16, 2013.
    • PWI and RETELCO elevated the matter to the Supreme Court via a Petition for Review on Certiorari under Rule 45, contending that the Stay Order should have suspended the CA appeal.

Issues:

  • Whether an appellate proceeding on a money judgment in a collection case, already appealed before the CA, may nonetheless proceed despite a Stay Order issued in a later-filed petition for corporate rehabilitation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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