Republic of the Philippines law - Republic of the Philippines Supreme Court Manila SECOND DIVISION TAN SHUY G.R No 190375 Petitioner Present CARPIO J

Republic of the Philippines law - Republic of the...

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Republic of the Philippines Supreme Court Manila SECOND DIVISION TAN SHUY, Petitioner, - versus - SPOUSES GUILLERMO MAULAWIN and PARING CARIO- MAULAWIN, Respondents. G.R. No. 190375 Present: CARPIO , J. , Chairperson , BRION, PEREZ, SERENO, and REYES, JJ. Promulgated: February 8, 2012 x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x D E C I S I O N SERENO, J .:
Before the Court is a Petition for Review on Certiorari filed under Rule 45 of the Rules of Court, assailing the 31 July 2009 Decision and 13 November 2009 Resolution of the Court of Appeals (CA). [1] Facts Petitioner Tan Shuy is engaged in the business of buying copra and corn in the Fourth District of Quezon Province. According to Vicente Tan (Vicente), son of petitioner, whenever they would buy copra or corn from crop sellers, they would prepare and issue a pesada in their favor. A pesada is a document containing details of the transaction, including the date of sale, the weight of the crop delivered, the trucking cost, and the net price of the crop. He then explained that when a pesada contained the annotation pd on the total amount of the purchase price, it meant that the crop delivered had already been paid for by petitioner. [2] Guillermo Maulawin (Guillermo), respondent in this case, is a farmer- businessman engaged in the buying and selling of copra and corn. On 10 July 1997, Tan Shuy extended a loan to Guillermo in the amount of 420,000. In consideration thereof, Guillermo obligated himself to pay the loan and to sell lucad or copra to petitioner. Below is a reproduction of the contract: [3] N o 2567 Lopez, Quezon July 10, 1997 Tinanggap ko kay G. TAN SHUY ang halagang . (P420,000.00)
salaping Filipino. Inaako ko na isusulit sa kanya ang aking LUCAD at babayaran ko ang nasabing halaga. Kung hindi ako makasulit ng LUCAD o makabayad bago sumapit ang ., 19 maaari niya akong ibigay sa may kapangyarihan. Kung ang pagsisingilan ay makakarating sa Juzgado ay sinasagutan ko ang lahat ng kaniyang gugol. P ................ [Sgd. by respondent] . Lagda Most of the transactions involving Tan Shuy and Guillermo were coursed through Elena Tan, daughter of petitioner. She served as cashier in the business of Tan Shuy, who primarily prepared and issued the pesada . In case of her absence, Vicente would issue the pesada . He also helped his father in buying copra and granting loans to customers (copra sellers). According to Vicente, part of their agreement with Guillermo was that they would put the annotation sulong on the pesada when partial payment for the loan was made. Petitioner alleged that despite repeated demands, Guillermo remitted only 23,000 in August 1998 and 5,500 in October 1998, or a total of 28,500. [4] He claimed that respondent had an outstanding balance of 391,500. Thus, convinced that Guillermo no longer had the intention to pay the loan, petitioner brought the controversy
to the Lupon Tagapamayapa . When no settlement was reached, petitioner filed a Complaint before the Regional Trial Court (RTC).

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