BVR CONSULTING INC
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


CASE DIGEST : ANITA CHENG vs SPOUSE WILLIAM SY and TESSIE SY G.R. NO 174238.

8/26/2019

0 Comments

 
G.R. NO. 174238    July  07, 2009
Anita Cheng, Petitioner          
​      vs
Spouses William Sy and Tessie Sy, Respondents.
 
Facts:
Anita Cheng filed two(2) estafa cases before the RTC-Manila against William and Tessie Sy for issuing to her Philippine Bank of Commerce checks no. 171762 and 71860 for P300,000.00 each in payment of their loan, both of which were dishonored upon presentment for having been drawn against a closed account.
 
Petitioner on January 20, 1999, filed against respondents two(2) cases for violation of BP 22 before the MeTC-Manila. On March 16, 2004, the RTC dismissed the estafa cases for failure of the prosecution to prove the elements of the crime. Later, the MeTC dismissed the BP 22 cases on account of the failure of petitioner to identify the accused respondents in open court. On April 26, 2005, petitioner lodged against Sy’s before the RTC- Manila, a complaint for collection for sum of money with damages based on the same loaned amount of P600,000.00 covered by the two PBC checks previously subject of the estafa and BP 22 cases.
 
RTC-Manila, dismissed the complaint for lack of jurisdiction, ratiocinating that the civil action to collect the amount of P600,000.00 with damages was already impliedly instituted in the BP Blg 22 cases.
 
Petitioner filed a motion for reconsideration which the court denied in its Order dated June 5, 2006
 
Issue:
 
Whether petitioner can recover the loaned sum of money and damages?
 
Ruling:
Yes. Petitioner may recover under the principle of unjust enrichment. There is unjust enrichment when a person is unjustly benefited, and such benefit is derived at the expense of or with damages to another. Hence, if the loan be proven true, the inability of petitioner to recover the loaned amount would be tantamount to unjust enrichment of the respondents, 
0 Comments



Leave a Reply.

    Archives

    September 2024
    August 2024
    May 2024
    December 2023
    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION