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HELD:
-No evidence was presented tending to
show that Gonzales was periodically sent
notices or notified of the various periodic
interest dues covering the three
promissory notes. Neither do the records
show that Gonzales was aware of amounts
for the periodic interests and the payment
for them. Such were serviced by the
spouses Panlilio. Thus PCIB is negligent in
not informing Gonzales (in writing) in clear
and unambiguous figures of the amount to
be paid.
-Indeed, the business of banking is
impressed with public interest and great
reliance is made on the banks sworn
profession of diligence and meticulousness
in giving irreproachable service. Like a
common carrier whose business is imbued
with public interest, a bank should exercise
extraordinary diligence to negate its
liability to the depositors. In this instance,
PCIB is sorely remiss in the diligence
required in treating with its client,
Gonzales. It may not wantonly exercise its
rights without respecting and honoring the
rights of its clients.
Leano vs CA 369 SCRA 36 (November 15,
2001)
Pardo, J.
FACTS:
-On November 13, 1985, Hermogenes
Fernando, as vendor and Carmelita Leano,
as vendee executed a contract to sell
involving a piece of land, Lot No. 876-B,
with an area of 431 square meters, located
at Sto. Cristo, Baliuag, Bulacan.
-In the contract, Carmelita Leano bound
herself to pay Hermogenes Fernando the
sum of one hundred seven thousand and
seven hundred and fifty pesos
(P107,750.00) as the total purchase price
of the lot.
2. whether there was a proper
cancellation of the contract to sell?
3. whether petitioner was in
delay in the payment of the monthly
amortizations?
HELD:
-Contrary to the findings of the trial court,
the transaction between the parties was a
conditional sale not an absolute sale. The
act of registration of deed of sale was the
operative act that could transfer
ownership. The transfer of ownership and
title would occur after full payment of the
price.
-In the case at bar, petitioner Leanos nonpayment of the installments after April 1,
1989, prevented the obligation of
respondent Fernando to convey the
property from arising. In fact, it brought
into effect the provision of the contract on
cancellation.
-R. A. No. 6552 provides
That the actual cancellation of the contract
shall take place after thirty days from
receipt by the buyer of the notice of
cancellation or the demand for rescission
of the contract by a notarial act and upon
full payment of the cash surrender value to
the buyer.
-As petitioner Leano was not given the cash
surrender value of the payments that she
made, there was still no actual cancellation
of the contract
-In the case at bar, respondent Fernando
performed his part of the obligation by
allowing petitioner Leano to continue in
possession
and
use
of
the
property. Clearly, when petitioner Leano
did not pay the monthly amortizations in
accordance with the terms of the contract,
she was in delay and liable for damages.
VII.
CULPA AQUILIANA AND CULPA
CONTRACTUAL
CASE
FGU Insurance Corp vs. G.P Sarmiento
Trucking Corp. 386 SCRA 312 (August
6, 2002)
Vitug, J.
FACTS:
-G.P. Sarmiento Trucking Corporation
(GPS) undertook to deliver on 18 June 1994
thirty (30) units of Condura S.D. white
refrigerators aboard one of its Isuzu truck,
driven by Lambert Eroles, from the plant
site of Concepcion Industries, Inc., along
South Superhighway in Alabang, Metro
Manila, to the Central Luzon Appliances in
Dagupan City. While the truck was
traversing the north diversion road along
McArthur highway in Barangay Anupol,
Bamban, Tarlac, it collided with an
unidentified truck, causing it to fall into a
deep canal, resulting in damage to the
cargoes.
-FGU Insurance Corporation (FGU), an
insurer of the shipment, paid to
Concepcion Industries, Inc., the value of
the covered cargoes in the sum of
P204,450.00. FGU, in turn, being the
subrogee of the rights and interests of
Concepcion Industries, Inc., sought
reimbursement of the amount it had paid
to the latter from GPS. Since the trucking
company failed to heed the claim, FGU
filed a complaint for damages and breach
of contract of carriage against GPS and its
driver Lambert Eroles
-Respondents asserted that GPS was the
exclusive hauler only of Concepcion
Industries, Inc., since 1988, and it was not
so engaged in business as a common
carrier. Respondents further claimed that
HELD:
-Yes. At any rate, in order that fortuitous
event may exempt PVE or respondent Solid
Distributors, Inc. from liability, it is
necessary that it be free from negligence.
The record shows, however, that the
alleged malfunctioning of the video tape
recorder occurred at the beginning of the
video coverage at the residence of the
bride. The PVE crew miserably failed to
detect the defect in the video tape
recorder and that they discovered the
same rather too late after the wedding
reception at the Manila Hotel.
-The failure to record on videotape the
wedding celebration of the petitioners
constitutes malicious breach of contract as
well as gross negligence on the part of
respondent Solid Distributors, Inc.
-PVE or respondent Solid Distributors, Inc.
cannot seek refuge under Article 2180 of
the New Civil Code by claiming that it
exercised due care in the selection and
supervision of its employees and that its
employees are experienced in their
respective trade. That defense, as provided
in the last paragraph of Article 2180 of the
New Civil Code, may be availed of only
where the liability arises fromculpa
aquilana and not from culpa
contractual such as in the case at bar.
-CA did not err when it ordered the
petitioners to deliver the proceeds of the
auction to Solid Corp because it became
final after the appeal was denied.
Respondent is ordered to pay petitioners
for damages
Consolidated Bank and Trust Corp vs CA
410 SCRA 562 (September 11, 2003)
Carpio, J.
FACTS:
-Solidbank is a domestic banking
corporation organized and existing under
Philippine laws. Private respondent L.C.
EXTRAORDINARY DILIGENCE
CASE
Loadmasters Customs Services Inc. vs.
Glodel Brokerage Corp. 639 SCRA 69
(January 10, 2011)
MENDOZA, J.
FACTS:
-On August 28, 2001, R&B Insurance issued
Marine Policy No. MN-00105/2001 in favor
of Columbia to insure the shipment of 132
bundles of electric copper cathodes
against All Risks. OnAugust 28, 2001, the
cargoes were shipped on board the vessel
Richard Rey from Isabela, Leyte, to Pier
10, North Harbor, Manila. They arrived on
the same date.
- Columbia engaged the services of Glodel
for the release and withdrawal of the
cargoes from the pier and the subsequent
delivery to its warehouses/plants. Glodel,
in turn, engaged the services of
Loadmasters for the use of its delivery
trucks to transport the cargoes
to Columbias warehouses/plants in
Bulacan and Valenzuela City.
- The goods were loaded on board twelve
(12) trucks owned by Loadmasters, driven
by its employed drivers and accompanied
by its employed truck helpers. Six (6)
truckloads of copper cathodes were to be
delivered to Balagtas, Bulacan, while the
other six (6) truckloads were destined for
Lawang Bato, Valenzuela City. The cargoes
in six truckloads for Lawang Bato were duly
delivered in Columbias warehouses
there. Of the six (6) trucks en route to
Balagtas, Bulacan, however, only five (5)
reached the destination. One (1) truck,
loaded with 11 bundles or 232 pieces of
copper cathodes, failed to deliver its cargo.
- Later on, the said truck, an Isuzu with
Plate No. NSD-117, was recovered but
without the copper cathodes. Because of
this incident, Columbia filed with R&B