Title
Unlad Resources Development Corporation vs. Dragon
Case
G.R. No. 149338
Decision Date
Jul 28, 2008
Unlad Resources breached a MOA with Rural Bank of Noveleta’s stockholders, failing to invest P4.8M. SC upheld rescission, damages, and attorney’s fees, affirming CA and RTC rulings.
A

Case Digest (G.R. No. 21049)

Facts:

  • Memorandum of Agreement (December 29, 1981)
    • Parties: petitioners Unlad Resources Development Corporation (through its Chair, Helena Z. Benitez) and respondents (Renato P. Dragon et al.), controlling stockholders of Rural Bank of Noveleta, Inc.
    • Terms: respondents to transfer control and management of the Rural Bank to Unlad Resources; Unlad Resources to subscribe to non-voting shares worth ₱4.8 million (minimum 480,000 shares) and pay up ₱1.2 million immediately as paid-in capital.
  • Post-agreement acts and disputes
    • Respondents complied by transferring control; bank renamed Unlad Rural Bank of Noveleta, Inc.; petitioners failed to pay ₱1.2 million and subscribe ₱4.8 million worth of shares despite repeated demands.
    • August 10, 1984: Unlad Resources Board authorized lease of a mango plantation to the Rural Bank; Unlad Commodities, Inc. managed plantation under an 80%–20% profit-sharing scheme favoring UCI.
    • May 20, 1987: Rural Bank notified respondents of Central Bank approval to retire Development Bank of the Philippines preferred shares; respondents objected, citing existing sinking fund and cheap funding source.
  • Litigation history
    • July 3, 1987: respondents filed Complaint before RTC Makati for rescission of the Memorandum of Agreement, return of control, and damages.
    • RTC Decision (1991): declared the agreement rescinded; ordered Unlad Resources to return control of the Rural Bank; ordered mutual restitution (bank to return ₱1,003,070); appointed BSP Receiver; awarded actual damages (₱4,601,765.38), moral damages (₱500,000), exemplary damages (₱100,000), attorney’s fees (₱100,000), and costs.
    • CA Decision (November 29, 2000) and Resolution (August 2, 2001): dismissed petitioners’ appeal for lack of merit; affirmed RTC in toto.
    • Petition for Review on Certiorari (Rule 45) filed with the Supreme Court, challenging jurisdiction, prescription, performance/impossibility, rescission procedure, and damages awards.

Issues:

  • Jurisdiction
    • Whether the RTC has jurisdiction over a rescission suit involving intra-corporate relations, in light of P.D. 902-A and the SEC’s exclusive jurisdiction.
    • Effect of R.A. 8799 (Securities Regulation Code) transferring intra-corporate dispute cases to RTC.
  • Prescription
    • Whether the action for rescission is governed by Article 1389 (four-year period for rescissible contracts) or by Article 1144 (ten-year period for written contracts).
    • Time of accrual of the right of action.
  • Performance and impossibility
    • Whether petitioners fully complied with their subscription and payment obligations under the Memorandum of Agreement.
    • Whether performance became legally or factually impossible due to authorized capital stock limits.
  • Rescission and restitution
    • Whether rescission was properly decreed under Article 1191 of the Civil Code.
    • Whether mutual restitution (status quo ante) was correctly ordered under Article 1385.
  • Damages and attorney’s fees
    • Propriety and basis of actual compensatory damages (₱4,601,765.38).
    • Basis for moral and exemplary damages.
    • Entitlement to attorney’s fees in absence of stipulation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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