This case has been cited 4 times or more.
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2015-09-16 |
PEREZ, J. |
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| We cannot overemphasize that the burden of proof is upon the party who alleges bad faith or fraud.[14] In this case, the Spouses Gironella's bare allegations that PNB's officers assured them that their additional loan will be approved are mere abstractions of fraud without specifics pointing to the actual commission of fraud. | |||||
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2009-08-24 |
CORONA, J. |
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| Moreover, we agree with the RTC and the CA that FSI's properties were improperly attached. Betonval was not able to sufficiently show the factual circumstances of the alleged fraud because fraudulent intent cannot be inferred from FSI's mere nonpayment of the debt or failure to comply with its obligation. In Ng Wee v. Tankiansee,[33] we held that the applicant must be able to demonstrate that the debtor intended to defraud the creditor. Furthermore: The fraud must relate to the execution of the agreement and must have been the reason which induced the other party into giving consent which he would not have otherwise given. To constitute a ground for attachment in Section 1 (d), Rule 57 of the Rules of Court, fraud should be committed upon contracting the obligation sued upon. A debt is fraudulently contracted if at the time of contracting it the debtor has a preconceived plan or intention not to pay, as it is in this case. Fraud is a state of mind and need not be proved by direct evidence but may be inferred from the circumstances attendant in each case.[34] | |||||
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2009-06-26 |
BRION, J. |
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| Section 1 (d), Rule 57 of the Rules of Court applies where a party is guilty of fraud in contracting a debt or incurring an obligation, or in concealing or disposing of the property for the taking, detention or conversion of which the action is brought. In Wee v. Tankiansee,[43] we held that for a writ of attachment to issue under this Rule, the applicant must sufficiently show the factual circumstances of the alleged fraud because fraudulent intent cannot be inferred from the debtor's mere non-payment of the debt or failure to comply with his obligation. The affidavit, being the foundation of the writ, must contain particulars showing how the imputed fraud was committed for the court to decide whether or not to issue the writ. To reiterate, a writ of attachment can only be granted on concrete and specific grounds and not on general averments merely quoting the words of the rules.[44] | |||||
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2008-11-25 |
AUSTRIA-MARTINEZ, J. |
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| Also apropos is Ng Wee v. Tankiansee[57] where the appellate court was questioned for discharging a writ of preliminary attachment to the extent that it affected the properties of respondent Tankiansee, a corporate officer of Wincorp, both defendants in the complaint for damages which petitioner Ng Wee had filed with the trial court. In holding that the appellate court correctly spared respondent Tankiansee from the writ of preliminary attachment, the Court cited the following basis:In the instant case, petitioner's October 12, 2000 Affidavit is bereft of any factual statement that respondent committed a fraud. The affidavit narrated only the alleged fraudulent transaction between Wincorp and Virata and/or Power Merge, which, by the way, explains why this Court, in G.R. No. 162928, affirmed the writ of attachment issued against the latter. As to the participation of respondent in the said transaction, the affidavit merely states that respondent, an officer and director of Wincorp, connived with the other defendants in the civil case to defraud petitioner of his money placements. No other factual averment or circumstance details how respondent committed a fraud or how he connived with the other defendants to commit a fraud in the transaction sued upon. In other words, petitioner has not shown any specific act or deed to support the allegation that respondent is guilty of fraud. | |||||