- Petitioner
- Lourdes P. Ty
- Respondent
- Zenaida B. Gonzales
- Citation
- G.R. No. 203285
- Court
- Supreme Court
- Division
- First Division
- Decided
- January 16, 2023
Summary
This consolidated case involves the civil liability of Lourdes Ty who was acquitted of criminal charges under Batas Pambansa Blg. 22 but held civilly liable for dishonored checks. The central issue was whether Ty's obligation under a promissory note made her a guarantor or joint debtor with Susan Degollacion for a P10 million loan from Zenaida Gonzales. The Supreme Court affirmed lower courts' findings that Ty was a joint debtor based on the promissory note's language stating 'We, LOURDES TY and SUSAN DEGOLLACION, promise to pay.' Under Civil Code Article 1208, joint obligations are presumed unless solidarity is expressly stated. As a joint debtor, Ty was held liable for half the principal amount (P6,242,500) plus interest. The Court modified interest computations following BSP Circular No. 799, applying 12% from 1997 until June 2013, then 6% thereafter. The decision clarifies the distinction between joint debtors and guarantors, emphasizing that solidarity cannot be inferred lightly and must be clearly expressed in the obligation.