G.R. No. 129552, 29 June 2005
Petitioner Corporation, P.C. Javier and Sons Services, Inc., applied with First Summa Savings and Mortgage Bank, later on renamed as PAIC Savings and Mortgage Bank, Respondent Bank, for a loan accommodation under the Industrial Guarantee Loan Fund (IGLF) for P1.5 Million.
Petitioner Corporation claims that the loan releases were delayed; that the amount of P 250, 000.00 was deducted from the IGLF loan of P1.5 Million and placed under time deposit. Respondent Bank, however, claims that only the final proceeds of the loan in the amount of P750,000.00 was delayed the same having been released to Plaintiff Corporation, but this was because of the shortfall in the collateral cover of Plaintiffs loan.
Respondent Bank sent a demand letter to Petitioner spouses informing them that since they have defaulted in paying their obligation, their mortgage will now be foreclosed; that when Petitioners still failed to pay, Respondent Bank initiated extrajudicial foreclosure of the real estate mortgage executed by Plaintiff spouses. The instant complaint was filed to forestall the extrajudicial foreclosure sale of a piece of land mortgaged by Petitioner Corporation in favor of First Summa Savings and Mortgage Bank which bank was later renamed as PAIC Savings and Mortgage Bank, Inc.
Whether P.C. Javier & Sons should have been notified, as a requirement, by First Summa Savings and Mortgage Bank and PAIC Savings and Mortgage Bank, Inc. of their change in name in order to treat them as one and the same entity and comply with their loan obligation.
NO. There is no such requirement provided in the Corporation Code and Banking Laws. After going over the Corporation Code and Banking Laws, as well as the regulations and circulars of both the SEC and the Bangko Sentral ng Pilipinas (BSP), this Court finds that there is no such requirement.
This Court cannot impose on a bank that changes its corporate name to notify a debtor of such change absent any law, circular or regulation requiring it. Such act would be judicial legislation. The formal notification is, therefore, discretionary on the bank. Unless there is a law, regulation or circular from the SEC or BSP requiring the formal notification of all debtors of banks of any change in corporate name, such notification remains to be a mere internal policy that banks may or may not adopt.
This Court finds that petitioners failed to comply with what is incumbent upon them to pay their loans when they became due. The lame excuse they belatedly advanced for their non-payment cannot and should not prevent respondent bank from exercising its right to foreclose the real estate mortgages executed in its favor.
*Case Digest by Bryne Angelo M. Brillantes, JD-IV, Andres Bonifacio Law School, SY 2019-2020