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Aguenza v. Metropolitan Bank and Trust Co.20210424-12-5uhds4
Aguenza v. Metropolitan Bank and Trust Co.20210424-12-5uhds4
SYLLABUS
DECISION
HERMOSISIMA, JR., J : p
Thus, proceeding from the premise that the subject loan was not the
responsibility of Intertrade, it follows that the undertaking of Arrieta and the
bookkeeper was not an undertaking covered by the Continuing Suretyship
Agreement. The rule is that a contract of surety is never presumed; it must be
express and cannot extend to more than what is stipulated. 17 It is strictly
construed against the creditor, every doubt being resolved against enlarging
the liability of the surety.
SO ORDERED.
Padilla, Bellosillo, Vitug and Kapunan, JJ ., concur.
Footnotes
1. Penned by Associate Justice Serafin E. Camilon and concurred in by
Associate Justices Crisolito Pascual, Jose C. Campos, Jr. and Desiderio P.
Jurado and promulgated on February 11, 1986 in AC-G.R. CV No. 04371 (Civil
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Case No. 124433, Regional Trial Court-NCJR-Manila), Rollo , pp. 56-61.
2. Second Civil Cases Division.
3. Decision of the Trial Court dated February 28, 1984, as quoted in the
Memorandum of Petitioner dated July 15, 1988, p. 9, Rollo , p. 131.
4. Decision of the Court of Appeals (formerly Intermediate Appellate Court) in
AC-G.R. CV No. 14371 dated February 11, 1986, pp. 3-5, Rollo , pp. 58-60.
5. Memorandum of Petitioner dated July 15, 1988, pp. 10-11, Rollo , pp. 132-
133.
6. Cunanan v. Amparo, 80 Phil. 227 [1948].
7. Gardner v. Court of Appeals , 131 SCRA 585 [1984], citing Granada v.
Philippine National Bank, 18 SCRA 1 [1966].
8. Evidence of Francisco, 2nd edition [1994], p. 36.
9. Decision of the Trial Court dated February 28, 1984, as quoted in the Petition
dated June 16, 1986, p. 9, Rollo , p. 37.
12. Boyer-Roxas v. Court of Appeals , 211 SCRA 470 [1992], citing Western Agro
Industrial Corporation v. Court of Appeals , 188 SCRA 709 [1990] and Vicente
v. Geraldez, 52 SCRA 210 [1973].
13. Art. 1878, New Civil Code.
14. Decision of the Trial Court dated February 28, 1984, as quoted in the
Petition dated June 16, 1986, p. 9, Rollo , p. 37.
15. Quoted from the Petition dated June 16, 1986, pp. 16-17, Rollo , pp. 44-45.
16. Decision of the Trial Court dated February 28, 1984, quoted in the Petition
dated June 16, 1986, p. 9, Rollo , p. 37.
17. Article 2055, New Civil Code; Traders Insurance & Surety Co. vs. Dy Eng
Giok, et al., 104 Phil. 806 [1958].
18. Formerly Intermediate Appellate Court.