Petitioner
Allied Banking Corporation
Respondent
Jesus S. Yujuico (Deceased)
Citation
G.R. No. 163116
Court
Supreme Court
Division
First Division
Ponente
Bersamin, J.
Decided
June 29, 2015

Summary

Allied Banking Corporation sued to collect P6,020,184.90 from deceased Jesus S. Yujuico under continuing guaranty agreements he executed in 1966-1967 to secure corporate debts of Yujuico Logging & Trading Corporation. The Supreme Court distinguished between guaranty and suretyship, clarifying that Jesus was a surety solidarily liable with the principal debtor. However, the Court found that Jesus's suretyship obligations were superseded when Clarencio Yujuico executed a new continuing guaranty in 1974 covering a P5M credit line. Since the promissory notes sued upon were executed in 1975-1976 after the new suretyship arrangement, Jesus was no longer liable. The Court also noted evidence of a 1973 revocation letter that would have limited Jesus's liability to pre-existing obligations. The petition was dismissed, absolving Jesus's estate from liability.

Statutes applied

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By the Intellegal Editorial Board · June 29, 2015

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