Thursday, September 28, 2023
manilastandard.net
ADVERTISEMENT
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
    • Young Life
  • Special Pages
    • Pets
    • Tech
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • On the Road
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Cravings
    • Environment & Sustainability
    • Agriculture
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
    • Gallery
      • Photos
      • Videos
  • Advertise with Us
No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
    • Young Life
  • Special Pages
    • Pets
    • Tech
      • Gadgets
      • Computers
      • Business
      • Tech Plus
    • On the Road
      • Sedan
      • SUV
      • Truck
      • Bike
      • Accessories
      • Motoring Plus
      • Commuter’s Corner
    • Home & Design
      • Residential
      • Commercial
      • Construction
      • Interior
    • Spotlight
    • Cravings
    • Environment & Sustainability
    • Agriculture
    • Pop.Life
      • Newsmakers
      • Hangouts
      • A-Pop
      • Post Its
      • Performances
      • Malls & Bazaars
      • Hobbies & Collections
    • Events
      • Seminars
      • Exhibits
      • Community
    • Biyahero
      • Travel Features
      • Travel Reels
      • Travel Logs
    • Gallery
      • Photos
      • Videos
  • Advertise with Us
No Result
View All Result
manilastandard.net
No Result
View All Result
Home News National

SC rules against UCPB on P1-b collection case

Rey E. RequejobyRey E. Requejo
May 20, 2019, 10:55 pm
in National
Reading Time: 3 mins read
A A
Share on FacebookShare on TwitterShare on Email

The United Coconut Planters Bank has lost its legal battle for the recovery of almost P1 billion from a rice trading family who allegedly failed to pay its loan obligations from the bank since 2006.

This after the Supreme Court’s Second Division through Associate Justice Alfredo Benjamin Caguioa upheld the decision of the Court of Appeals in 2012, which reversed and set aside the 2007 order issued by the Regional Trial Court of Makati City in favor of UCPB.

In June 8, 2008, the Makati City RTC denied the respondents’ motion to dismiss the complaint for damages with prayer for the issuance of a writ of preliminary attachment filed by UCPB.

The UCPB named the National Granary Inc., spouses Alison Ang Sy and Guillermo Sy, Renato Ang, Nena Ang and Ricky Ang as respondents in the complaint.

Also included in the notice served by the court sheriff were Derick Chester Sy and National Petroleum Gas Inc., formerly National Petroleum Corp.

Apart from denying the respondents’ motion to dismiss, the RTC also issued a writ of preliminary attachment preventing them from disposing of their assets and holdings pending resolution of the UCPB’s complaint.

National Granary set up the Sariaya port by obtaining P1.6-billion loans from several banks, including UCPB.

However, the SC ruled that the CA did not commit any mistake in reversing the Makati RTC’s orders.

The high court sided with the argument of the respondents that the trial court had failed to acquire jurisdiction over them for failure to properly serve the summons against them.

“In the absence of summons or when the service of summons upon the person of the defendant is defective, the court acquires no jurisdiction over his person and the proceedings and any judgment rendered are null and void,” the SC ruled, in its March 27 resolution.

Based on the records, the SC said the prerequisites for valid substituted service was not observed as there was only a single day effort to personally serve the summons upon the defendants.

The SC noted that the sheriff’s report also failed to indicate that the person who received the summons was a person of suitable age and residing in the residence of the defendants.

“Nor is there a statement that validates that such person understood the significance of the receipt of the summons and the correlative duty to immediately deliver the same to the therein defendants or, at the very least, to notify the said persons immediately,” the SC said.

“Jurisprudence is clear and unequivocal in making it an ironclad rule that such matters “must be clearly and specifically described in the Return of Summons,” the high court said.

As regards to the service of summons to NGI and NPGI, the SC said the CA correctly held that since the summons were served on a mere employee and not to its officials, the services of summons were defective.

Contrary to the argument of UCPB, the high tribunal said even the filing of the motion to dismiss the complaint and suspend proceedings by the respondents cannot be construed as voluntary submission on their part to the court’s jurisdiction.

Their appearance before the court, according to the SC, should fall under the concept of conditional appearance, such that a party who makes a special appearance to challenge, among others, the court’s jurisdiction over his person cannot be considered to have submitted to its authority.

Associate Justices Antonio Carlin, Estela Perlas-Bernard, Jose Reyes, Jr. and Amy Lazaro-Javier concurred with the ruling.

Tags: Supreme CourtUnited Coconut Planters Bank
ADVERTISEMENT
Rey E. Requejo

Rey E. Requejo

Related Posts

Australia helping restore WPS coral reefs

byRey E. Requejo
September 28, 2023, 12:20 am
0
8
US reaffirms support to allies over disputed sea

Australia is helping the Philippines restore the coral reefs in some parts of the West Philippine Sea. The Armed Forces...

Read more

Marcos: No room for corruption, abuse in PNP

byCharles Dantes
September 27, 2023, 11:30 pm
0
8
Up to 11 storms to hit PH before yearend — PAGASA

President Ferdinand Marcos Jr. on Wednesday warned police officers that corruption and abuse of power have “no room” under his...

Read more

‘Amend dated provisions in 1987 Charter’

byMaricel Cruz
September 27, 2023, 11:20 pm
0
8
For the Diplomatic Corps

Speaker Martin Romualdez underscored the need to amend the outdated and restrictive economic provisions of the 1987 Constitution to attract...

Read more

PH coordinating with Canada over ex-PNP chief’s immigration issues

byRey E. Requejoand1 others
September 27, 2023, 11:00 pm
0
8

The Department of Foreign Affairs is coordinating with the government of Canada after former Philippine National Police chief Gen. Rodolfo...

Read more

Most BARMM barangays have no BSKE candidates

byVito Barcelo
September 27, 2023, 10:50 pm
0
8
Comelec junks nuisance case vs. Marcos Jr.

More than 500 barangays in the country have no candidates that will run for the 2023 Barangay and Sangguniang Kabataan...

Read more

Bill backs life imprisonment for smugglers

byMaricel Cruz
September 27, 2023, 10:40 pm
0
8
House caps busy 2021 with P5-trillion budget, vows ‘more fruitful’ 2022 to fight COVID

The House of Representatives has unanimously approved on third and final reading a measure that seeks to give more teeth...

Read more

Print Edition

View More

Recent Posts

  • Talk shows coming back after Hollywood writers’ strike ends
  • (no title)
  • Meta putting AI in smart glasses, assistants and more
  • NKorea makes nuclear weapons status part of constitution
  • ‘PH shuns war, but will fight for territory’
  • House to realign intel funds to agencies involved in WPS
  • Philippines, US navies to hold 2-week exercise
  • DOE: Another rollback seen next week, but oil prices remain volatile

Advertisement

Latest News

House to realign intel funds to agencies involved in WPS

byMaricel Cruzand1 others
September 28, 2023, 12:45 am
0
8
House to realign intel funds to agencies involved in WPS

The increasing threats from China in the West Philippine Sea have prompted the House of Representatives to reallocate confidential and...

Read more

Philippines, US navies to hold 2-week exercise

byCharles Dantes
September 28, 2023, 12:40 am
0
8
PH-US joint military drill ‘Kamandag’ starts

The Philippines and United States navies are set to hold a two-week joint naval activity to strengthen international defense cooperation,...

Read more

DOE: Another rollback seen next week, but oil prices remain volatile

byAlena Mae S. Floresand1 others
September 28, 2023, 12:35 am
0
8
Lotilla resigns as AboitizPower director after his appointment as DOE secretary

The Department of Energy (DOE) warned that world oil prices may continue to be volatile despite forecasts of a possible...

Read more

Marcos signs ‘Trabaho’ Act into law to craft job generation masterplan

byCharles Dantesand3 others
September 28, 2023, 12:30 am
0
8
Marcos signs ‘Trabaho’ Act into law to craft job generation masterplan

President Ferdinand Marcos Jr. on Wednesday signed into law Republic Act No. 11962 or the “Trabaho Para sa Bayan Act”...

Read more

Resigned OTS chief Aplasca hits ‘cultural decay’ in airport security

byJoel E. Zurbanoand1 others
September 28, 2023, 12:25 am
0
8
NAIA employee gets arrested for stealing watch

Office for Transportation Security (OTS) administrator Ma. O Aplasca, who resigned Tuesday night, has criticized the “cultural decay” within the...

Read more

Advertisement

ADVERTISEMENT
Facebook Twitter Instagram Youtube

ABOUT US

Manila Standard

Manila Standard website (manilastandard.net), launched in August 2002, extends the newspaper’s reach beyond its traditional readers and makes its brand of Philippine news and opinion available to a much wider and geographically diverse readership here and overseas.

Digital Edition

In tone and content, the online edition mirrors the editorial thrust of the newspaper. While hewing to the traditional precepts of fairness and objectivity, MS believes the news of the day need not be staid, overly long or dry. Stories are succinct, readable and written in a lively style that has become a hallmark of the newspaper.

Download – Today’s Paper

Search

No Result
View All Result

6th Floor Universal Re Bldg., 106 Paseo De Roxas cor. Perea Street, Legaspi Village, 1226 Makati City Philippines

Trunklines: 832-5554, 832-5556, 832-5558

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

No Result
View All Result
  • About
  • News
    • Top Stories
    • National
    • World News
    • Pinoy Abroad
    • Features
  • Opinion
    • Editorial
    • Columns
    • Soundbytes
  • LGUs
    • NCR
    • Luzon
    • Visayas
    • Mindanao
  • Business
    • Corporate
    • Economy & Trade
    • Stocks
    • Money
    • Agri & Mining
    • Power & Tech
    • IT & Telecom
  • Sports
    • Basketball
    • Volleyball
    • Fightsports
    • Active
    • Sports Plus
    • One Championship
    • Columns
  • Entertainment
    • TV & Movies
    • Celebrity Profiles
    • Music & Concerts
    • Digital Media
    • Columns
  • Lifestyle
    • Food
    • Culture & Media
    • Fashion
    • Health and Home
    • Leisure
    • Shopping
    • Columns
    • Young Life
  • Pets
  • Tech
    • Gadgets
    • Computers
    • Business
    • Tech Plus
  • ON THE ROAD
    • Sedan
    • SUV
    • Truck
    • Bike
    • Accessories
    • Motoring Plus
    • Commuter’s Corner
  • Home & Design
    • Residential
    • Commercial
    • Construction
    • Interior
  • Spotlight
  • Cravings
  • Environment & Sustainability
  • Agriculture
  • Pop.Life
    • Newsmakers
    • Hangouts
    • A-Pop
    • Post Its
    • Performances
    • Malls & Bazaars
    • Hobbies & Collections
  • Events
    • Seminars
    • Exhibits
    • Community
  • Biyahero
    • Travel Features
    • Travel Reels
    • Travel Logs
  • Gallery
    • Photos
    • Videos
  • Advertise with Us

© 2021 Manila Standard - Designed and Developed by Neitiviti Studios.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Install Manila Standard Web App

Install App