BALDOMERO INCIONG, JR., Petitioner, Court of Appeals and Philippine Bank OF COMMUNICATIONS, Respondents

BALDOMERO INCIONG, JR.
, petitioner,
vs.
COURT OF APPEALS and PHILIPPINE BANK
OF COMMUNICATIONS, respondents.
G.R. No. 96405 June 26, 1996

Facts
• Petitioner's liability resulted from the promissory note in the
amount of P50,000.00 which he signed with Rene C. Naybe
and Gregorio D. Pantanosas on February 3, 1983, holding
themselves jointly and severally liable to private respondent
which was already due.
• Said due date expired without the promissors having paid their
obligation despite several demands made by the private
respondent.
• Private Respondent filed action for fulfilment of the obligation.
Brief Background of the case: Petitioner
• Petitioner alleged that sometime in January 1983, he was approached
by his friend, Rudy Campos, who told him that he was a partner of Pio
Tio, the branch manager of private respondent in Cagayan de Oro
City, in the falcata logs operation business. Campos also intimated to
him that Rene C. Naybe was interested in the business and would
contribute a chainsaw to the venture. He added that, although Naybe
had no money to buy the equipment, Pio Tio had assured Naybe of
the approval of a loan he would make with private respondent.
Campos then persuaded petitioner to act as a "co-maker" in the said
loan. Petitioner allegedly acceded but with the understanding that he
would only be a co-maker for the loan of P50,000.00.
Ruling of the Lower Court
• The lower court dismissed the case against defendant
Pantanosas as prayed for by the private respondent herein.
Meanwhile, only the summons addressed to petitioner was
served as the sheriff learned that defendant Naybe had gone to
Saudi Arabia.
• Petitioner alleged that he acceded as “co-maker” with the
understanding that the amount is only P5,000.00 and it was his
and Naybe’s agreement, thus, not binding to the private
respondent.
• Lower Court held in favor of the respondent.
Ruling of the Court of Appeals
• On February 6, 1991, the Court denied the petition for failure of
petitioner to comply with the Rules of Court and paragraph 2 of
Circular No. 1-88, and to sufficiently show that respondent court
had committed any reversible error in its questioned
decision. His motion for the reconsideration of the denial of his
petition was likewise denied with finality in the Resolution of
April 24, 1991. Thereafter, petitioner filed a motion for leave to
file a second motion for reconsideration which, in the Resolution
of May 27, 1991, the Court denied. In the same Resolution, the
Court ordered the entry of judgment in this case.
Supreme Court Ruling
• Judge Pantanosa (co-maker) made an affidavit and it supports
petitioner's allegation that they were induced to sign the
promissory note on the belief that it was only for P5,000.00,
adding that it was Campos who caused the amount of the loan
to be increased to P50,000.00. But the said affidavit was not
presented during trial in the lower court.
• Petitioner contends that in signing the promissory note, his
consent was vitiated by fraud as, contrary to their agreement
that the loan was only for the amount of P5,000.00, the
promissory note stated the amount of P50,000.00.
• SC stated that, fraud must be established by clear and
convincing evidence, mere preponderance of evidence, not
even being adequate. Petitioner's attempt to prove fraud must,
therefore, fail as it was evidenced only by his own
uncorroborated and, expectedly, self-serving testimony.
• SC confirmed also that petitioner signs as a “co-maker” (Jointly
and Severally liable) not a guarantor as the latter alleged
invoking Article 2080 of the Civil Code.
Solidary or Joint and Several Obligation
• A solidary or joint and several obligation is one in which each
debtor is liable for the entire obligation, and each creditor is
entitled to demand the whole obligation
• Section 4, Chapter 3, Title I, Book IV of the Civil Code states the
law on joint and several obligations. Under Art. 1207 thereof,
when there are two or more debtors in one and the same
obligation, the presumption is that the obligation is joint so that
each of the debtors is liable only for a proportionate part of the
debt. There is a solidary liability only when the obligation
expressly so states, when the law so provides or when the nature
of the obligation so requires.
• Dismissal of the case against Judge Pontanosas may not be
deemed as having discharged petitioner from liability as well.
• As to Naybe, Court never acquired jurisdiction over his case.
• Petitioner, therefore, may only have recourse against his co-
makers, as provided by law.
• Petition for Review on Certiorari is hereby DENIED

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BALDOMERO INCIONG, JR., Petitioner, Court of Appeals and Philippine Bank OF COMMUNICATIONS, Respondents

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BALDOMERO INCIONG, JR.

G.R. No. 96405 June 26, 1996

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