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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 49, MANILA

SPS. GILBERT RYAN M. CASTILLO and


JOSEPHINE CASTILLO represented by
FLORENCIO A. BRON,
Plaintiffs,

- versus - CIVIL CASE NO. 16-137250


FOR: Sum of Money & Damages

DONNABELLE GUADALQUIVER
And JONATHAN W. CHIONG,
Defendants.
x-------------------- -- x

DECISION
Plaintiff Spouses Gilbert Ryan and Josephine Castillo,
filed the instant action for collection of sum of money with
damages, claiming that defendant Donnabelle Guadalquiver
employed alleged insidious machinations, without which the
plaintiffs would not have been induced to enter into contracts
wherein they delivered a total of Seven Hundred Fifty
Thousand Pesos (P750,000.00) to the latter.

Through co-defendant Jonathan W. Chiong, plaintiff


Josephine met Guadalquiver sometime in December 2014.
Representing that she was into a lucrative spa business, the Mi
Cielo Spa and Wellness Center, Guadalquiver induced allegedly
Josephine to invest an initial amount of Two Hundred Fifty
Thousand Pesos (P250,000.00).

It was agreed that the said investment would be


good for a period of one (1) year or until December 22, 2015
and shall earn monthly profit share of eight percent (8%) or an
equivalent of Twenty Thousand Pesos (Php 20,000.00).

Sps Castillo vs. Guadalquiver, CC#16-137250,


DECISION dated Feb 21, 2018, Page 1 of 4
Upon delivery of the supposed profit share for the
month of January 2015, Guadalquiver induced Josephine to
increase her investment. Josephine in turn informed Gilbert of
the offer.

After a series of emails and chats, Gilbert agreed to


lend Guadalquiver the amount of Five Hundred Thousand
Pesos (Php500,000.00), which Guiadalquiver agreed to pay
within eight (8) months, with ten percent (10%) monthly
interest.

Guadalquiver executed written contracts with the


Spouses Castillos. She even sent copy of Official Receipt and
Certificate of Registration of a certain 2014 Ford Everest
Wagon, which served as additional inducement for Gilbert to
extend her the loan.

Despite repeated demands, Guadalquiver failed to


pay Spouses Castillo both the principal amount of investment
and loan as well as interests thereon as agreed;

On August 7, 2016, through Viber conversation,


Guadalquiver admitted to Gilbert that she closed her spa
business. In the succeeding conversations, defendant claimed
that she filed libel case against Josephine and that the damages
she sustained was greater than Josephine’s investment;

In the latter part of 2016, Spouses Castillo could no


longer communicate with Guadalquiver, hence, they started
investigating on Guadalquiver’s business and whereabouts.

Upon coordination with the lessor of the Mi Cielo


Spa, Spouses Castillo found out that contrary to Guadalquiver’s
representation that her spa business was lucrative, as early as
December 2014, she could not afford to pay rentals for the
premises and the utilities thereon.

The delivery of the Twenty Thousand Pesos


(Php20,000.00) profit bolstered Josephine’s belief that the spa
business was indeed lucrative, that she even enticed Gilbert to
invest therein.
Sps Castillo vs. Guadalquiver, CC#16-137250,
DECISION dated Feb 21, 2018, Page 2 of 4
Article 1338. There is fraud when,
through insidious words or machinations of one of
the contracting parties, the other is induced to enter
into a contract which, without them, he could not
have agreed to.

Article 21. Any person who willfully


causes loss or injury to another in manner that is
contrary to morals, good customs or public policy
shall compensate the latter for the damage.

Under the circumstances, Guadalquiver is liable to


return the Two Hundred Fifty Thousand Pesos
(Php250,000.00) she obtained from Josephine, and the Five
Hundred Thousand Pesos (Php500,000.00) she obtained from
Gilbert.

Furthermore, defendant Guadalquiver appears liable


for moral damages.

Morals damages may be awarded in breaches


of contracts where the defendant acted fraudulently or in
bad faith.
Bad faith does not simply connote bad
judgment or negligence, it imports a dishonest purpose
or some moral obliquity and conscious doing of a wrong,
a breach of known duty through some motive or interest
or ill will that partakes of the nature of fraud.
Tankeh vs. DBP et al. G.R. No. 171428, November 11, 2013.

There appears to be no cause of action against the


co-defendant Chiong, who merely introducted the parties to
one another.

WHEREFORE, premises considered, judgment is


hereby rendered in favor of the plaintiffs and against the
defendant, ordering Defendant Guadalquiver:

Sps Castillo vs. Guadalquiver, CC#16-137250,


DECISION dated Feb 21, 2018, Page 3 of 4
a) To pay plaintiffs the amount of Seven Hundred
Fifty Thousand Pesos (Php750,000.00) by way of
actual damages;
b) To pay the amount of Two Hundred Thousand
Pesos (Php200,000.00) by way of moral damages;
and

c) To pay the sum of One Hundred Thousand Pesos


(Php100,000.00) by way of litigation expenses.

SO ORDERED.
Manila, February 21, 2018.

DANIEL C. VILLANUEVA
Presiding Judge

DCV/rmm

Sps Castillo vs. Guadalquiver, CC#16-137250,


DECISION dated Feb 21, 2018, Page 4 of 4