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

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 certiorari
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assailing the Decision
dated February 8, 1999 and Resolution dated June 17, 1999, both issued by the Court of
Appeals in CA-G.R. CV No. 51946.
Records show that on May 20, 1994, Marie Antoinette R. Soliven, petitioner, filed with the
Regional Trial Court, Branch 60, Makati City a complaint for sum of money with damages
against Fastforms Philippines, Inc., respondent, docketed as Civil Case No. 94-1788.
The complaint alleges that on June 2, 1993, respondent, through its president Dr. Eduardo
Escobar, obtained a loan from petitioner in the amount of One Hundred Seventy Thousand
Pesos (P170,000.00), payable within a period of twenty-one (21) days, with an interest of
3%, as evidenced by a promissory note
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executed by Dr. Escobar as president of
respondent. The loan was to be used to pay the salaries of respondent's employees. On
the same day, respondent issued a postdated check (dated June 25, 1993)
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in favor of
petitioner in the amount of P175,000.00 (representing the principal amount of
P170,000.00, plus P5,000.00 as interest). It was signed by Dr. Escobar and Mr. Lorcan
Harney, respondent's vice-president. About three weeks later, respondent, through Dr.
Escobar, advised petitioner not to deposit the postdated check as the account from where
it was drawn has insufficient funds. Instead, respondent proposed to petitioner that the
P175,000.00 be "rolled-over," with a monthly interest of 5% (or P8,755.00). Petitioner
agreed to the proposal. Subsequently, respondent, through Dr. Escobar, Mr. Harney and
Mr. Steve Singson, the new president, issued several checks in the total sum of P76,250.00
in favor of petitioner as payment for interests corresponding to the months of June,
August, September, October and December, 1993. Later, despite petitioner's repeated
demands, respondent refused to pay its principal obligation and interests due.
In her complaint, petitioner prays:
"WHEREFORE, premises considered, it is respectfully prayed of this Honorable
Court that judgment be rendered:
(a) holding/declaring defendant (now respondent) guilty of breach of
contract . . .; 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; and
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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,
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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
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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,