Petitioner
Westmont Investment
Respondent
Francia
Citation
G.R. No. 194128
Court
Supreme Court
Decided
December 7, 2011

Summary

The Francia family invested nearly P4 million with Westmont Investment Corporation in 2000 expecting 11% returns over 43 days. When Wincorp failed to return their investments at maturity, they sued both Wincorp and Pearlbank Securities, which was named as the borrower in rolled-over confirmation advices. The trial court dismissed the case against Pearlbank due to insufficient evidence but held Wincorp solely liable after it waived its right to present evidence. The Court of Appeals affirmed, rejecting Wincorp's claim that it merely acted as agent for the Francias in lending to Pearlbank. The Supreme Court upheld the decision, emphasizing that agency relationships must be proven by evidence and that courts cannot consider documents not formally offered during trial. Wincorp was ordered to pay the full investment amount plus interest and attorney's fees, demonstrating the importance of proper evidence presentation and the liability of investment companies to their clients.

Intellegal Wiki · Key Holding

Denied the petition and affirmed the CA: no agency between the investors and Wincorp was proven, and only formally offered evidence counts under Rule 132, so Wincorp alone owes P3,984,062.47 plus 11% interest and P100,000 fees.

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By the Intellegal Editorial Board · December 7, 2011

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