Soliven_v._Fastforms_Phils._Inc..pdf - THIRD DIVISION[G.R No 139031 MARIE ANTOINETTE R SOLIVEN petitioner vs FASTFORMS PHILIPPINES INC respondent

Soliven_v._Fastforms_Phils._Inc..pdf - THIRD DIVISION[G.R...

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THIRD DIVISION [G.R. No. 139031. October 18, 2004.] MARIE ANTOINETTE R. SOLIVEN MARIE ANTOINETTE R. SOLIVEN, petitioner , vs . FASTFORMS PHILIPPINES, INC. PHILIPPINES, INC., respondent . D E C I S I O N D E C I S I O N SANDOVAL-GUTIERREZ SANDOVAL-GUTIERREZ, J p : For our resolution is the instant petition for review on certiorari1assailing the Decision dated February 8, 1999 and Resolution dated June 17, 1999, both issued by the Court ofAppeals in CA-G.R. CV No. 51946.Records show that on May 20, 1994, Marie Antoinette R. Soliven, petitioner, filed with theRegional Trial Court, Branch 60, Makati City a complaint for sum of money with damagesagainst Fastforms Philippines, Inc., respondent, docketed as Civil Case No. 94-1788.The complaint alleges that on June 2, 1993, respondent, through its president Dr. EduardoEscobar, obtained a loan from petitioner in the amount of One Hundred Seventy ThousandPesos (P170,000.00), payable within a period of twenty-one (21) days, with an interest of3%, as evidenced by a promissory note 3executed by Dr. Escobar as president ofrespondent. The loan was to be used to pay the salaries of respondent's employees. Onthe same day, respondent issued a postdated check (dated June 25, 1993) 4in favor ofpetitioner in the amount of P175,000.00 (representing the principal amount ofP170,000.00, plus P5,000.00 as interest). It was signed by Dr. Escobar and Mr. LorcanHarney, respondent's vice-president. About three weeks later, respondent, through Dr.Escobar, advised petitioner not to deposit the postdated check as the account from whereit was drawn has insufficient funds. Instead, respondent proposed to petitioner that theP175,000.00 be "rolled-over," with a monthly interest of 5% (or P8,755.00). Petitioneragreed to the proposal. Subsequently, respondent, through Dr. Escobar, Mr. Harney andMr. Steve Singson, the new president, issued several checks in the total sum of P76,250.00in favor of petitioner as payment for interests corresponding to the months of June,August, September, October and December, 1993. Later, despite petitioner's repeateddemands, respondent refused to pay its principal obligation and interests due.In her complaint, petitioner prays:"WHEREFORE, premises considered, it is respectfully prayed of this HonorableCourt that judgment be rendered:(a)holding/declaring defendant (now respondent) guilty of breach ofcontract . . .; and(b)ordering defendant to pay plaintiff (now petitioner) the following sums:P195,155.00 as actual damages;P200,000.00 as moral damages;P100,000.00 as exemplary damages; andCD Technologies Asia, Inc. © 2016cdasiaonline.com 2
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P100,000.00 as attorney's fees, plus the costs of suit. Plaintiff prays for such other relief just and equitable in the premises." Respondent, in its answer with counterclaim, 5 denied that it obtained a loan from petitioner; and that it did not authorize its then president, Dr. Eduardo Escobar, to secure any loan from petitioner or issue various checks as payment for interests. After trial on the merits, the court a quo rendered a Decision dated July 3, 1995 6 in favor of petitioner, the dispositive portion of which reads: "22. WHEREFORE, the court hereby renders judgment as follows: 22.1. The defendant FASTFORMS PHILS., INC. is ordered to pay the plaintiff,
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