Unicapital v. Rafael Jose · G.R. 192073

Petitioner: Unicapital
Respondent: Rafael Jose Consing, Jr.
Citation: G.R. No. 192073
Court: Supreme Court
Division: Second Division
Ponente: Perlas-Bernabe, J.
Decided: September 11, 2013

Summary

This consolidated case involves contractual and tort disputes arising from an P18,000,000.00 loan transaction. Investment banker Rafael Jose Consing Jr. filed an injunctive relief case alleging harassment and abuse of rights by creditors Unicapital Inc. and Plus Builders Inc. in their collection efforts, while Unicapital filed a separate collection case based on promissory notes. The Supreme Court affirmed lower courts' rulings denying motions to dismiss and consolidation. The Court held that Consing Jr.'s complaint properly stated causes of action under Civil Code Articles 19 and 26 for abuse of rights and violations of human dignity, finding that creditors' allegedly abusive collection methods could constitute actionable wrongs. The Court also ruled that consolidation was properly denied as the cases involved different legal issues - one concerning the manner of collection (tort) and another concerning the right to collect (contract) - thus avoiding potential complications and unnecessary delays in proceedings.

Statutes applied

Civil Code, Art. 19

Related cases

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Coca-Cola Bottlers Philippines v. Spouses Jose R. Bernardo G.R. No. 190667
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Land Bank of the Philippines v. Alfredo Ong G.R. No. 190755
Allan C. Go v. Mortimer F. Cordero G.R. No. 164703
Barons Marketing Corp. v. Court of Appeals G.R. No. 126486
Lorena Salvador v. Rafael H. Hizon G.R. No. 241310
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Thelma C. Muller v. Philippine National Bank G.R. No. 215922

By the Intellegal Editorial Board · September 11, 2013

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