CARLOS B. LEOBRERA,
Plaintiff,
- versus -
Civil Case No. 35-1123
BANK OF THE
PHILIPPINE ISLANDS,
Defendant.
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MEMORANDUM
STATEMENT OF FACTS
1
Promissory Note dated November 15, 1985, Exhibit “A” of plaintiff’s evidence.
2
Real Estate Mortgage dated November 15, 1985, “B” of plaintiff’s evidence.
3
Special Power of Attorney dated January 10, 1987 is herein attached as Exhibit “C”
of plaintiff’s evidence.
4
BPI Deposit Slip dated February 11, 1987, Exhibit “D” of plaintiff’s evidence.
3
ISSUES
I.
WHETHER OR NOT THE DEFENDANT BANK OF THE
PHILIPPINE ISLANDS IS GUILTY OF BAD FAITH IN
REFUSING TO ACCEPT THE REMITTANCES FROM
PLAINTIFF’S CLIENT?
II.
WHETHER OR NOT DEFENDANT MALICIOUSLY
FORECLOSED PLAINTIFF’S PROPERTIES COVERED BY
THE REAL ESTATE MORTGAGE?
III.
WHETHER OR NOT PLAINTIFF CAN BE CONSIDERED IN
LEGAL DELAY FOR THE AMOUNT OF AMORTIZATION
THAT FELL DUE ON FEBRUARY 9, 1987?
5
BPI’s letter dated February 12, 1987 addressed to plaintiff Leobrera,
Annex “E” of plaintiff’s evidence.
4
IV.
WHETHER OR NOT THE FORECLOSURE SALE OF
PLAINTIFF’S PROPERTIES SHOULD BE ANNULLED?
V.
WHETHER OR NOT PLAINTIFF IS ENTITLED TO AN
AWARD OF DAMAGES FOR THE PREVIOUS ACTUATIONS
OF BANK OF THE PHILIPPINE ISLANDS?
DISCUSSION
I. BPI is guilty of
bad faith in refusing
to accept the
remittances from
plaintiff’s client.
6
Judicial Affidavit of Carlos B. Leobrera dated February 13, 2018, Exhibit “F” of plaintiff’s
evidence; TSN dated April 17, 2018.
7
PNB vs. Sps. Chong, G.R. No. 170865, April 25, 2012.
8
Id.
5
IV. Foreclosure of
plaintiff’s property
should be annulled
9
BPI’s letter dated February 12, 1987 addressed to plaintiff Leobrera,
Annex “E” of plaintiff’s evidence.
7
as it is devoid of any
basis in fact and in
law.
V. Plaintiff is
entitled to receive
actual damages,
moral damages and
attorney’s fees on
account of BPI’s
malicious business
dealings.
10
Manila International Airport Authory vs. Avia Filipinas International, Inc., G.R. No. 180168,
February 27, 2012.
8
11
Mendoza, et al. vs. Sps. Gomez, G.R. No. 160110, June 18, 2014.
12
361 Phil. 499, 528 (1999).
13
Supra note 13.
9
PRAYER
By:
Copy Furnished:
AFFIDAVIT OF SERVICE