Case Digest (G.R. No. 168384)
Facts:
In Philippine Wireless, Inc. and Republic Telecommunications, Inc. v. Optimum Development Bank (G.R. No. 208251, November 10, 2020), petitioners Philippine Wireless, Inc. (PWI) and Republic Telecommunications, Inc. (RETELCO) obtained in August 1997 a ₱20 million credit facility from Capitol Development Bank (now Optimum Development Bank), secured by RETELCO’s corporate suretyship under a Credit Agreement and a Continuing Suretyship Agreement. On September 11 and 12, 1997, PWI drew two ₱10 million loans (Account Nos. COM-735 and COM-735-A) at a 36% per annum interest rate, later extended to May 13, 1998 upon payment of interest. In February 1998, PWI took another ₱2.2 million loan (COM-735-B) at 32.53% due June 4, 1998. By June 10, 1998, the unpaid balances totalled ₱23,363,378.73 and ballooned to ₱24,669,709.40 by July 10, 1998. Despite formal demands on June 15, PWI and RETELCO failed to pay, prompting Capitol to file Civil Case No. 66906 in the RTC of Pasig for collection of 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)