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  • Estanislao and Africa Sinamban v. China Banking Corporation G.R. No. 193890 March 11, 2015 Reyes, J. Facts

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    Michael Vincent Bautista
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    The spouses Manalastas took out loans from China Banking Corporation secured by a real estate mortgage and promissory notes. The spouses Sinamban co-signed two of the promissory notes as co-makers at the request of the spouses Manalastas, who are their relatives, but did not personally benefit from the loans. The issue is whether a co-maker can be held solidarily liable. The court ruled that yes, according to the Civil Code, when an obligor binds themselves jointly and severally with the principal debtor, they render themselves directly and primarily liable without reference to their own solvency. Therefore, the spouses Sinamban expressly made themselves solidarily liable along

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    The spouses Manalastas took out loans from China Banking Corporation secured by a real estate mortgage and promissory notes. The spouses Sinamban co-signed two of the promissory notes as co-makers at the request of the spouses Manalastas, who are their relatives, but did not personally benefit from the loans. The issue is whether a co-maker can be held solidarily liable. The court ruled that yes, according to the Civil Code, when an obligor binds themselves jointly and severally with the principal debtor, they render themselves directly and primarily liable without reference to their own solvency. Therefore, the spouses Sinamban expressly made themselves solidarily liable along

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    © All Rights Reserved
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    263 views1 page

    Estanislao and Africa Sinamban v. China Banking Corporation G.R. No. 193890 March 11, 2015 Reyes, J. Facts

    Uploaded by

    Michael Vincent Bautista
    The spouses Manalastas took out loans from China Banking Corporation secured by a real estate mortgage and promissory notes. The spouses Sinamban co-signed two of the promissory notes as co-makers at the request of the spouses Manalastas, who are their relatives, but did not personally benefit from the loans. The issue is whether a co-maker can be held solidarily liable. The court ruled that yes, according to the Civil Code, when an obligor binds themselves jointly and severally with the principal debtor, they render themselves directly and primarily liable without reference to their own solvency. Therefore, the spouses Sinamban expressly made themselves solidarily liable along

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Estanislao and Africa Sinamban v.

    China Banking Corporation


    G.R. No. 193890 March 11, 2015

    Reyes, J.

    Facts:
    The spouses Manalastas executed a Real Estate Mortgage (REM) in favor
    of respondent Chinabank. The spouses Manalastas executed several
    promissory notes in favor of Chinabank. In two of the PNs, petitioners spouses
    Sinamban signed as co-makers. Chinabank filed a Complaint for sum of money
    against the spouses Manalastas and the spouses Sinamban. The spouses
    Sinamban admitted that they signed some PN forms as co-makers upon the
    request of the spouses Manalastas who are their relatives; although they
    insisted that they derived no money or other benefits from the loans.

    Issue:
    Whether or not a co-maker can be held solidarily liable.

    ruling:
    Yes. According to Article 2047 of the Civil Code, if a person binds himself
    solidarily with the principal debtor, the provisions of Articles 1207 to 1222 of
    the Civil Code (Section 4, Chapter 3,Title I, Book IV) on joint and solidary
    obligations shall be observed. It is settled that when the obligor or obligors
    undertake to be "jointly and severally" liable, it means that the obligation is
    solidary. A co-maker of a PN who binds himself with the maker "jointly and
    severally" renders himself directly and primarily liable with the maker on the
    debt, without reference to his solvency.

    In this case, the spouses Sinamban expressly bound themselves to be


    jointly and severally, or solidarily, liable with the principal makers of the PNs,
    the spouses Manalastas.

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