G.R. No. 250584 - Calera vs. Hoegh Fleet Services Philippines, Inc.

In May–July 1965, Jacob S. Lim (Lim), owner of Southern Air Lines (SAL), entered into a sales contract with Japan Domestic Airlines (JDA) for two DC-3A aircraft and spare parts for US$109,000, to be paid in installments.
Pioneer Insurance & Surety Corporation (Pioneer) issued Surety Bond No. 6639 in favor of JDA on Lim’s behalf.
Border Machinery & Heavy Equipment, Inc. (Bormaheco), Francisco and Modesto Cervantes (Cervanteses), and Constancio Maglana contributed funds (totaling ₱184,878.74), expecting shares in a proposed SAL corporation. They executed indemnity agreements in Pioneer’s favor.
Lim executed a chattel mortgage over the two aircraft as additional security for Pioneer’s suretyship; the deed was duly registered.

Lim defaulted on installment payments, prompting JDA to demand payment from Pioneer; Pioneer paid ₱298,626.12.
Pioneer foreclosed the chattel mortgage extrajudicially and realized ₱37,050 from the sale of mortgaged assets; third‐party claims were filed by Cervanteses and Maglana claiming co-ownership.
On July 19, 1966, Pioneer sued for judicial foreclosure with attachment and cross-claims by Bormaheco, Cervanteses, and Maglana for reimbursement and damages.
The trial court held Lim liable to Pioneer, dismissed Pioneer’s complaint against co-defendants, and awarded cross-plaintiffs reimbursement, moral damages, and attorney’s fees.
The Court of Appeals modified by dismissing Pioneer’s complaint entirely, affirmed Lim’s liability, and sustained awards to cross-plaintiffs.

Whether Pioneer, having been reimbursed by its reinsurer, is the real party in interest entitled to sue co-indemnitors.
Whether Pioneer may recover from co-indemnitors after foreclosure and collection of chattel mortgage proceeds.

Whether the contributors to Lim’s proposed corporation became de facto partners entitled to share losses and gains.
Whether Lim is liable to reimburse contributors under indemnity agreements or partnership principles.