Alejandro v. Tankeh · G.R. 171428

Petitioner: Alejandro
Respondent: Tankeh
Citation: G.R. No. 171428
Court: Supreme Court
Division: Third Division
Ponente: Leonen, J.
Decided: November 11, 2013

Summary

Dr. Alejandro V. Tankeh sued his brother Ruperto and other defendants claiming fraud in obtaining his consent to guarantee a $3.5M loan for Sterling Shipping Lines through promises of meaningful participation in the shipping business. The Regional Trial Court found fraud and nullified the promissory note, but the Court of Appeals reversed, finding no evidence of fraud. The Supreme Court applied the distinction between causal fraud (dolo causante) and incidental fraud (dolo incidente), ruling that while Alejandro gave informed consent to the loan, Ruperto committed incidental fraud by excluding him from company operations despite promises of participation. The Court awarded P500,000 in moral damages and P200,000 in exemplary damages, establishing important precedent on proving fraud in contractual relationships and the requirement of clear and convincing evidence for fraud claims.

Statutes applied

Civil Code, Art. 19

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By the Intellegal Editorial Board · November 11, 2013

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