Title
Sesbreno vs. Court of Appeals
Case
G.R. No. 89252
Decision Date
May 24, 1993
Investor Sesbreno’s money market placement in Philfinance failed due to dishonored checks; Pilipinas Bank held liable for non-delivery of securities, Delta Motors not accountable.

Case Digest (G.R. No. 89252)
Expanded Legal Reasoning Model

Facts:

  • Money market placement and related instruments
    • On February 9, 1981, petitioner Raul Sesbreno placed ₱300,000.00 with Philippine Underwriters Finance Corporation (Philfinance), maturing on March 13, 1981.
    • Philfinance issued simultaneously:
      • Certificate of Confirmation of Sale “without recourse” for Delta Motors Corporation Promissory Note (DMC PN) No. 2731 (32-day term, 17% p.a.).
      • Certificate of Securities Delivery Receipt (DCR) No. 10805, indicating custody by Pilipinas Bank.
      • Post-dated checks totaling ₱304,533.33, payable March 13, 1981.
    • On March 13, the checks were dishonored; on March 26, petitioner received DCR No. 10805 from Pilipinas Bank showing custody of DMC PN 2731 (face value ₱2,300,833.34, “non-negotiable,” maturity April 6, 1981).
  • Demand for physical delivery and banking response
    • Petitioner demanded delivery of the original note via letters dated April 2, July 3, and August 3, 1981; Pilipinas Bank deferred to Philfinance for instructions and did not deliver.
    • Petitioner also demanded partial satisfaction from Delta Motors (note assigned to him to the extent of ₱307,933.33); Delta denied liability, citing prior offset against its PN No. 143-A.
    • Philfinance was placed under joint SEC/Central Bank management; the promissory note remained with SEC.
  • Judicial proceedings
    • On September 28, 1982, petitioner sued Pilipinas Bank and Delta Motors for damages in the RTC, Branch 21, Cebu City.
    • RTC dismissed the complaint on August 5, 1987; Court of Appeals affirmed on March 21, 1989, holding Philfinance solely liable but not impleaded.
    • Petitioner’s motions for reconsideration were denied, leading to this petition for review on certiorari before the Supreme Court.

Issues:

  • Recovery from Delta Motors Corporation
    • Whether petitioner, as assignee of a portion of a “non-negotiable” promissory note, can enforce payment against the maker Delta Motors.
  • Liability of Pilipinas Bank
    • Whether Pilipinas Bank, as custodian under the DCR, is solidarily liable to pay the assigned portion of DMC PN No. 2731.
  • Corporate veil
    • Whether the separate corporate personalities of Philfinance, Delta Motors, and Pilipinas Bank should be disregarded.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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