Title
BA Fice Corp. vs. Court of Appeals
Case
G.R. No. 84294
Decision Date
Oct 16, 1989
Yanky Hardware defaulted on a loan secured by a chattel mortgage. BA Finance sought replevin; auction disputes arose over undelivered chattels. SC ruled the 1986 order interlocutory, allowing BA Finance’s appeal.
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Timeline (G.R. No. 84294)

  1. Credit Accommodation Granted
    On June 15, 1986, Yanky Hardware Company, Inc. applied for and was granted a credit accommodation by BA Finance Corporation in the form of a discounting line.

  2. Chattel Mortgage Executed
    To secure the payment of loans, Yanky executed a chattel mortgage over its stock-in-trade in favor of BA Finance.

  3. Continuing Suretyship Agreement
    Antonio Ngui Yek Siem, President of Yanky, executed a continuing suretyship agreement to guarantee the loans obtained by Yanky.

  4. Loan Demand by BA Finance
    By October 20, 1981, BA Finance demanded payment of accumulated obligations from Yanky, amounting to P559,565.00.

  5. Complaint Filed
    On October 21, 1981, BA Finance filed a complaint for replevin with damages against Yanky and Antonio Ngui Yek Siem.

  6. Court Order for Seizure
    On October 26, 1981, the Court of First Instance ordered the seizure of the merchandise inventories described in the chattel mortgage.

  7. Seizure of Chattels
    Sheriff Rolando Balingit seized the chattels from Yanky's premises and transferred them to BA Finance's warehouse.

  8. Re-inventory Report
    On November 5, 1981, Sheriff Balingit filed a report stating a re-inventory of the replevied chattels, superseding an earlier list.

  9. Yanky's Defense
    Yanky and Antonio Ngui Yek Siem claimed that not all obligations were due, thus BA Finance had no cause of action against them.

  10. Intervention by Creditors
    Other banks, including RCBC and China Bank, intervened in the replevin case as creditor...continue reading


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