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SOFIA MAGTIRA v. CA

This case has been cited 1 times or more.

2009-10-02
BRION, J.
On March 9, 1998, six days before the expiration of the surety bonds and after the expiration of the delivery period provided for under the award, PNCC filed a written extrajudicial claim against PCIC notifying it of Kalingo's default and demanding the repayment of the down payment on P.O. No. 71024L as secured by PCIC Bond No. 27547, in the amount of P1,050,000.00. The claim went unheeded despite repeated demands. For this reason, on April 24, 2001, PNCC filed with the Regional Trial Court (RTC), Mandaluyong City a complaint for collection of a sum of money against Kalingo and PCIC.[10] PNCC's complaint against PCIC called solely on PCIC Bond No. 27547; it did not raise or plead collection under PCIC Bond No. 27546 which secured the down payment of P84,000.00 on P.O. No. 71025L.