Petitioner
Simeon M. Valdez
Respondent
China Banking Corporation
Citation
G.R. No. 155009
Court
Supreme Court
Division
Third Division
Ponente
Garcia, J.
Decided
April 12, 2005

Summary

This commercial banking dispute involved Simeon Valdez's liability as surety for Creative Texwood Corporation's US$1,000,000 credit facility from China Banking Corporation. When Creative defaulted on the loan, Chinabank sued both the corporation and Valdez for joint and several liability. Valdez challenged the authenticity of the surety agreement and claimed his liability was extinguished when the bank granted extensions without his consent. The Regional Trial Court, Court of Appeals, and Supreme Court all ruled against Valdez, holding him liable as surety. The Supreme Court emphasized that defenses not properly raised in pleadings are waived, and that Valdez's own admissions contradicted his claims of lack of consideration. The case establishes important precedent on surety liability in banking transactions and procedural requirements for raising defenses in civil litigation.

Statutes applied

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By the Intellegal Editorial Board · April 12, 2005

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