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    4.cruz v. Gruspe - Digest

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    Marichu Castillo Hernandez
    Rodolfo Cruz and Esperanza Ibias (petitioners) appealed the decision of the Regional Trial Court (RTC) that ordered them to pay Atty. Delfin Gruspe (respondent) P220,000 plus interest stemming from a car accident. The Court of Appeals affirmed the RTC's decision with modification. The Supreme Court case involves the petition for review of the Court of Appeals' decision. The case arose when a mini bus owned by Cruz and driven by another person collided with Gruspe's car, totaling it. The next day, Cruz and Leonardo Ibias signed a joint affidavit promising to replace the car within 20 days or pay P350,000, with 12% monthly interest for delayed payment

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    4.cruz v. Gruspe - Digest

    Uploaded by

    Marichu Castillo Hernandez
    184 views2 pages
    Rodolfo Cruz and Esperanza Ibias (petitioners) appealed the decision of the Regional Trial Court (RTC) that ordered them to pay Atty. Delfin Gruspe (respondent) P220,000 plus interest stemming from a car accident. The Court of Appeals affirmed the RTC's decision with modification. The Supreme Court case involves the petition for review of the Court of Appeals' decision. The case arose when a mini bus owned by Cruz and driven by another person collided with Gruspe's car, totaling it. The next day, Cruz and Leonardo Ibias signed a joint affidavit promising to replace the car within 20 days or pay P350,000, with 12% monthly interest for delayed payment

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    oblicon digest

    Original Title

    4.Cruz v. Gruspe - Digest

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    Rodolfo Cruz and Esperanza Ibias (petitioners) appealed the decision of the Regional Trial Court (RTC) that ordered them to pay Atty. Delfin Gruspe (respondent) P220,000 plus interest stemming from a car accident. The Court of Appeals affirmed the RTC's decision with modification. The Supreme Court case involves the petition for review of the Court of Appeals' decision. The case arose when a mini bus owned by Cruz and driven by another person collided with Gruspe's car, totaling it. The next day, Cruz and Leonardo Ibias signed a joint affidavit promising to replace the car within 20 days or pay P350,000, with 12% monthly interest for delayed payment

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    184 views2 pages

    4.cruz v. Gruspe - Digest

    Uploaded by

    Marichu Castillo Hernandez
    Rodolfo Cruz and Esperanza Ibias (petitioners) appealed the decision of the Regional Trial Court (RTC) that ordered them to pay Atty. Delfin Gruspe (respondent) P220,000 plus interest stemming from a car accident. The Court of Appeals affirmed the RTC's decision with modification. The Supreme Court case involves the petition for review of the Court of Appeals' decision. The case arose when a mini bus owned by Cruz and driven by another person collided with Gruspe's car, totaling it. The next day, Cruz and Leonardo Ibias signed a joint affidavit promising to replace the car within 20 days or pay P350,000, with 12% monthly interest for delayed payment

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    © All Rights Reserved
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    of 2

    G.R. No.

    191431 March 13, 2013

    RODOLFO G. CRUZ and ESPERANZA IBIAS,


    Petitioners, vs.
    ATTY. DELFIN GRUSPE,
    Respondent. D E C I S I O N
    BRION,
    J.:
    Before the Court is the petition for review on certiorar i
    1
    filed under Rule 45 of the Rules of Court, assailing the decision
    2
    dated July 30, 2009 and the resolution
    3
    dated February 19, 2010 of the Court of Appeals (CA) in CA-G.R. CV No. 86083. The
    CA rulings affirmed with modification the decision dated September 27, 2004 of the
    Regional Trial Court (RTC) of Bacoor, Cavite, Branch 19, in Civil Case No. BCV-99-146
    which granted respondent Atty.
    Delfin Grupe’s claim for payment of sum of money against petitioners Rodolfo G. Cruz
    and
    Esperanza Ibias.
    4
    THE FACTUAL BACKGROUND The claim arose from an accident that occurred on
    October 24, 1999, when the mini bus owned and operated by Cruz and driven by one
    Arturo Davin collided with the Toyota Corolla car of
    Gruspe; Gruspe’s car was a total wreck. The next day, on October 25, 1999, Cruz, along
    with Leonardo Q. Ibias went to Gruspe’s office, apologized for the incident, and executed
    a Joint
    Affidavit
    of Undertaking promising jointly and severally to replace the Gruspe’s damaged car in
    20 days, or until November 15, 1999, of the same model and of at least the same quality;
    or,
    alternatively, they would pay the cost of Gruspe’s car amounting to
    P350,000.00, with interest at 12% per month for any delayed payment after November
    15, 1999, until fully paid.
    5
    When Cruz and Leonardo failed to comply with their undertaking, Gruspe filed a
    complaint for collection of sum of money against them on November 19, 1999 before the
    RTC.
    In their answer, Cruz and Leonardo denied Gruspe’s allegation, claiming that Gruspe, a
    lawyer,
    prepared the Joint Affidavit of Undertaking and forced them to affix their signatures
    thereon, without explaining and informing them of its contents; Cruz affixed his signature
    so that his mini bus could be released as it was his only means of income; Leonardo, a
    barangay official, accompanied Cruz to Gr
    uspe’s office for the release of the mini bus, but was also deceived into
    signing the Joint Affidavit of Undertaking. Leonardo died during the pendency of the
    case and was substituted by his widow, Esperanza. Meanwhile, Gruspe sold the wrecked
    car for P130,000.00. In a decision dated September 27, 2004, the RTC ruled in favor of
    Gruspe and ordered Cruz and Leonardo to pay P220,000.00,
    6
    plus 15% per annum from November 15, 1999 until fully paid, and the cost of suit.

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