Title
Insular Bank of Asia and America vs. Intermediate Appellate Court
Case
G.R. No. 74834
Decision Date
Nov 17, 1988
Mendozas defaulted on loans secured by IBAA's standby L/Cs. IBAA foreclosed property, contested liability. SC ruled IBAA's L/C obligation primary, upheld attorney’s fees, modified payment terms.

Case Summary (G.R. No. 74834)

Background of the Loans and Security

In 1976 and 1977, the Mendoza spouses secured two loans totaling P600,000.00 from Philam Life, with the obligation to pay in equal installments over five years. To guarantee these payments, the Mendozas obtained two irrevocable standby letters of credit from IBAA, secured by a real estate mortgage on their property. The first letter covered P500,000.00 expiring on October 1, 1981, while the second letter, for P100,000.00, expired on January 1, 1982. Additionally, the Mendozas executed two promissory notes in favor of IBAA.

Failure to Pay and Foreclosure Proceedings

The Mendozas defaulted on their loan payments beginning June 1, 1978. Despite Philam Life declaring the loans due and demandable, it continued to draw on the standby letters of credit for several amortizations due to a dispute between the parties. By April 21, 1980, IBAA extrajudicially foreclosed the real estate mortgage, purchasing the property for P775,000.00. Subsequently, Philam Life filed a suit against the Mendozas and IBAA for recovery of the outstanding loan balance.

Decision of the Regional Trial Court

The Regional Trial Court ruled that IBAA had paid only P342,127.05 of the claimed amount, as it deducted the stale check payment. The court charged the Mendozas with repayment of P322,000.00 to Philam Life, alongside penalties and attorney's fees, while ordering Philam Life to refund IBAA the overpayment of P22,420.16. The trial court concluded that, as a surety, IBAA was discharged of its liability to the amount already paid by the Mendozas.

Appeal and Judgment of the Intermediate Appellate Court

Both Philam Life and the Mendozas appealed, leading to a ruling by the Intermediate Appellate Court that reversed the trial court's findings. It held that IBAA's liability was not diminished by the Mendozas' payments and ordered IBAA to pay P222,000.00 to Philam Life, which included 2% per month penalty interest and awarded additional attorney's fees of P25,000.00.

Key Legal Issues Presented

The central issues raised by IBAA involved: the effect of the Mendozas' partial payments on IBAA's obligation; the handling of probative evidence regarding payments made; the appellate court's oversight of significant points raised by IBAA; and the propriety of the attorney's fees awarded.

Construction of the Letters of Credit

The court emphasized that the terms governing letters of credit, like other commercial contracts, should reflect the parties' intentions and be construed reasonably. The standby letters of credit secured the Mendozas' obligations and were explicit that each drawing under the credit is independent from any performance by the principal obligors.

Final Interpretation of Liabilities

The court

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