Sunday, April 14, 2019

Union Bank v Spouses Tiu

G.R. Nos. 173090-91 September 7, 2011
Art. 1249 – Payment of debts in money shall be made in currency. 

Facts:
·          Petitioner Union Bank of the Philippines (Union Bank) and respondent spouses Rodolfo T. Tiu and Victoria N. Tiu (the spouses Tiu) entered into a Credit Line Agreement (CLA), whereby Union Bank agreed to make available to the spouses Tiu credit facilities in such amounts as may be approved.
·          Within 6 months, the spouses Tiu took out various loans pursuant to this CLA in total of US$3,632,000.00 received in equivalent Philippine pesos at the prevailing exchange rate of US$1=₱26.
·          Union Bank advised the spouses Tiu that, in view of the existing currency risks, the loans shall be redenominated to their equivalent Philippine peso.
·          Union Bank and the spouses Tiu entered into a Restructuring Agreement to redenominate the loans at the rate of US$1=₱41.40 with interest of 19% for one year, with an additional loan of 5M which was applied as interest payments.
·          Under said agreement, the parties declared that the loan obligation to be restructured and executed Deeds of Dation in Payment over Labangon properties and Mandaue property.
·          The spouses Tiu executed also a Real Estate Mortgage in favor of Union Bank over their residential property inclusive of lot and improvements.
·          Asserting that the spouses Tiu failed to comply with the payment schemes set up in the Restructuring Agreement, Union Bank initiated extrajudicial foreclosure proceedings on their residential property.
·          The CA rendered the assailed Joint Decision: 1. dismissed the Petition for Prohibition; and 2. ruled in favor of the spouses Tiu, invalidating the RA on account of its being a failed novation of the original loan agreements, and 5M charge of interest therein, and enjoining Union Bank from foreclosing the mortgaged properties.

Issue:
WoN receiving the peso equivalent of dollar loan proves the intention of the parties that such loans should be paid in pesos.

Held:
            No, the Court disagrees with the CA ruling and holds that the parties intended the amount of the loans in US dollars and not in any other currency as stipulated in the promissory notes.
            Art. 1249. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines.
            In the instant case, the promissory notes indicated that the spouses Tiu borrowed amounts in US dollars although they received peso equivalents. Hence, they were bound to pay Union Bank in dollars and not in any other currency.
            Thus, the Petition is PARTIALLY GRANTED.

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