Nov 9, 2012

Leobrera v. CA Digest

G.R. No. 80001 February 27, 1989
Ponente: Cortez, J.:


Facts:

1. The petitioner was granted a credit facility and revolving fund by BPI consisting of several amounts. Both were secured by a mortgage. The facility was granted as part of an amicable settlement between BPI and Leobrera wherein the latter agreed to drop his claims for damages against the former for its alleged failure to deliver on time three export letters of credit opened in Leobrera's favor. In 1984, the facility was entirely converted into a revolving promissory note line. The line was last renewed on 21 March 1986 evidenced by two 90-day promissory notes.

2. Leobrera also obtained from BPI a separate three-year term loan in the amount of P 500,000.00 evidenced by Promissory Note. This three-year term loan was secured by a third real estate mortgage. Upon maturity of the 90-day notes, BPI and Leobrera negotiated on the terms of their renewal. No agreement having been reached by them, so BPI demanded the full payment of the loan. 

3. Leobrera failed to settle his loan account thus BPI prepared to foreclose the real estate mortgages securing the same. Before BPI could institute foreclosure proceedings however, Leobrera filed on 6 January 1987 a complaint for damages with a prayer for the issuance of a writ of preliminary injunction seeking to enjoin BPI from foreclosing the mortgages.

4. The trial court issued an order restraining BPI from foreclosing the real estate mortgages securing the 90 day loans and, after hearing, issued a writ of preliminary injunction. Meanwhile, on 9 February 1987, the bank wrote Leobrera claiming that he failed to pay the amortization due on the three-year term loan, as a result of which, BPI opted to accelarate the maturity of the loan and called the entire loan due and demandable. Leobrera likewise failed to remit the amount due and BPI thus threatened to foreclose the real estate mortgage securing the loan.

5. Before BPI could foreclose the mortgage, petitioner filed with the trial court on 11 March 1987 a "Motion to File Supplemental Complaint," attaching the supplemental complaint which prayed for the issuance of an injunction to restrain BPI from foreclosing the third mortgage. The next day, 12 March 1987, the trial court granted Leobrera's motion to file the supplemental complaint and issued a restraining order enjoining BPI from proceeding with any "Legal, court or other action" arising from the promissory note evidencing the three-year term loan.

Issue: Whether or not the court erred in admitting the supplemental complaint

YES. 

1. The Court ruled that when the cause of action stated in the supplemental complaint is different from the causes of action mentioned in the original complaint, the court should not admit the supplemental complaint; the parties may file supplemental pleadings only to supply deficiencies in aid of an original pleading, but not to introduce new and independent causes of action.

As to the supplemental complaint, what likewise militates against its admission is the fact that the matters involved therein are entirely different from the causes of action mentioned in the original complaint.

2. The petitioner's main cause of action in the original complaint filed in Civil Case No. 15644 concerned BPI's threat to foreclose two real estate mortgages securing the two 90 day promissory notes executed by petitioner in 1986. Petitioner alleges that this threatened foreclosure violated the terms of the 1980 amicable settlement between BPI and petitioner.While the supplemental complaint alleged acts of harassment committed by BPI in unreasonably opting to declare petitioner in default and in demanding full liquidation of the 1985 three-year term loan. This three-year term loan, as previously mentioned, was entirely distinct and separate from the two promissory notes. It was independent of the 1980 amicable settlement between petitioner and BPI which gave rise to the credit facility subject of the original complaint. Although there is Identity in the remedies asked for in the original and supplemental complaints, i.e. injunction, petitioner's subsequent cause of action giving rise to the claim for damages in the supplemental complaint is unrelated to the amicable settlement which brought about the grant of the credit facilities, the breach of which settlement is alleged to be the basis of the original complaint. 

As the allegations reveal, the P 500,000.00 three-year term loan is a transaction independent of the P 800,000.00 credit facility and BPI's questioned act of threatening to foreclose the properties securing said loan was the result of an alleged default by petitioner in the payment of the amortization due for 9 February 1987 and not because of any circumstance related to the 1980 amicable settlement.

The two causes of action being entirely different, the latter one could not be successfully pleaded by supplemental complaint.

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