Case Digest (G.R. No. 105997)
Facts:
- Petitioners: Spouses Mario and Carmelita Bella.
- Respondents: Court of Appeals, Industrial Finance Corporation (IFC), and Benjamin Untog.
- On April 27, 1978, Mario Bella purchased an Isuzu Gemini car from GM Automart Corporation.
- He executed a Deed of Sale with Chattel Mortgage, a Promissory Note, and a Disclosure of Loan/Credit Transaction for P53,390.88, payable in 36 monthly installments of P1,483.08.
- The Promissory Note included a 3% monthly penalty for default and 20% attorney's fees on the total amount due.
- The car was delivered to Mario Bella, who signed the delivery receipt.
- GM Automart Corporation assigned its rights under the Promissory Note to IFC.
- Mario Bella made 14 payments from August 26, 1978, to October 18, 1979, but defaulted, owing P32,834.60 by December 25, 1979.
- IFC filed a complaint for a sum of money against the spouses on January 22, 1980.
- The spouses filed a third-party complaint against Benjamin Untog.
- The Regional Trial Court ruled in favor of IFC on May 31, 1988, ordering the spouses to pay P25,212.30 without interest, plus a 2% monthly penalty and P4,000 in attorney's fees; the third-party complaint was dismissed.
- The Court of Appeals modified the decision on July 15, 1991, increasing the amount owed to P32,725.61 but maintaining the penalty.
- The spouses' motion for reconsideration was denied on June 19, 1992.
Issue:
- (Unlock)
Ruling:
- The Supreme Court partially granted the petition, modifying the Court of Appeals' decision.
- Petitioners were ordered to pay IFC P25,212.30, with a 2% monthly penalty from January 8, 1980, and P4,000 in attorney's fees.
- The Court upheld the trial court&#...(Unlock)
Ratio:
- The Supreme Court found sufficient basis for the trial court's ruling, as the promissory note and chattel mortgage were duly signed by Mario Bella, establishing his obligation.
- The assessment of evidence and determination of the amount owed were factual matters best left to the trial court.
- Claims regarding IFC's failure to prove the obligation and alleged misapprehension of facts were deemed matters of...continue reading
Case Digest (G.R. No. 105997)
Facts:
The case involves the petitioners, Spouses Mario and Carmelita Bella, against the respondents, the Court of Appeals, Industrial Finance Corporation (IFC), and Benjamin Untog, alias "Ben Untog." The events leading to the case began on April 27, 1978, when Mario Bella purchased an Isuzu Gemini car from GM Automart Corporation. On the same day, he executed a Deed of Sale with Chattel Mortgage, a Promissory Note, and a Disclosure of Loan/Credit Transaction for a total amount of P53,390.88, agreeing to pay this sum in 36 monthly installments of P1,483.08. The Promissory Note stipulated a penalty of 3% interest per month in case of default, along with attorney's fees amounting to 20% of the total amount due. The car was delivered to Mario Bella, who signed the delivery receipt on the same day.
Subsequently, GM Automart Corporation assigned its rights under the Promissory Note to IFC. Mario Bella made various payments, totaling fourteen installments from August 26, 1978, to October 18, 1979. However, he defaulted on his payments, and by December 25, 1979, he owed P32,834.60. IFC filed a complaint for a sum of money against the spouses on January 22, 1980. The spouses then filed a third-party complaint against Benjamin Untog. After a lengthy trial, the Regional Trial Court of Manila, Branch 52, ruled in favor of IFC on May 31, 1988, ordering the spouses to pay P25,212.30 without interest but with a penalty of 2% per month from January 8, 1980, and attorney's fees of P4,000. The third-party complaint was dismissed. The spouses appealed to the Court of...