20.) PNB vs. SE

20.) Philippine National Bank vs.
Se  Sy (of RNS) and Ng (of STM) alleged that the transaction was merely
GR NO. 119231 simulated.
April 18, 1996  PNB filed a Motion for Summary Judgment. o RTC - Denied.
By: Martin  PNB filed a Petition for Certiorari with the CA.
Respondent: JUDGE BENITO C. SE, JR., NOAHS ARK SUGAR REFINERY; ALBERTO T. o CA - Reversed; ordered RTC to render summary judgment in
LOOYUKO, JIMMY T. GO and WILSON T. GO favor of PNB.
DOCTRINE/LAWS o Effect of ruling: Declared that defendants were not owners but
SECTION 27. What claims are included in the warehouseman’s lien. Subject to the were only warehousemen with respect to the sugar stocks.
provisions of section thirty, a warehouseman shall have lien on goods deposited or o RTC - Did not follow the CA; still dismissed PNB's complaint;
on the proceeds thereof in his hands, for all lawful charges for storage and also dismissed the counterclaim and third-party complaint.
preservation of the goods; also for all lawful claims for money advanced, interest,
insurance, transportation, labor, weighing coopering and other charges and  PNB filed a Petition for Review on Certiorari at the SC.
expenses in relation to such goods; also for all reasonable charges and expenses for o SC - Reversed; ordered a new judgment conforming to the CA's
notice, and advertisement of sale, and for sale of the goods where default has been decision (in favor of PNB)
made in satisfying the warehouseman’s lien. o Defendants filed a Motion for Clarification. SC held that the
relief granted was precisely the relief set out in the final and
SECTION 31. Warehouseman need not deliver until lien is satisfied. A executory decision of the CA.
warehouseman having a lien valid against the person demanding the goods may  Defendants filed an Omnibus Motion seeking deferment of the
refuse to deliver the goods to him until the lien is satisfied. proceedings until they were heard on their claim for warehouseman's
FACTS lien.
 Noah’s Ark issued several warehouse receipts covering sugar stocks o Meanwhile, PNB filed a Motion for the Issuance of Writ of
deposited by Rosa Sy of RNS Merchandising and those deposited by Execution o
Teresita of St. Therese. The warehouse receipts (quedans) were o RTC granted the Omnibus Motion; PNB's motion was deferred.
negotiated and endorsed to Luis Ramos and Cresencia Zoleta who used o PNB filed a Manifestation with Urgent Motion to Nullify Court
the quedans as security for two loan agreements with PNB for P15.6M Proceedings.
and P23.5M. o RTC held that there exists in favor of the defendants a valid
 Ramos and Zoleta failed to pay their loan hence PNB demanded from warehouseman's lien under Sec. 27 of R.A. 2137. Accordingly,
Noah’s Ark the delivery of the sugar stocks covered by the warehouse execution of the judgment was ordered stayed and/or
receipts but Noah’s Ark refused alleging ownership over it. precluded until the full amount of defendants' lien shall have
 PNB filed a verified complaint for "Specific Performance with Damages been satisfied
and Application for Writ of Attachment" against Noah's Ark Sugar  PETITIONER PNB ARGUES:
Refinery, Alberto T. Looyuko (sole proprietor), Jimmy T. Go (managing o Defendants have lost their right to recover their
partner) and Wilson T. Go (Executive VP). warehouseman’s lien because they failed to set up said claim in
 RTC Judge Se denied the Application for Preliminary Attachment. their Answer before the RTC, and they did not appeal from the
 Sugar Refinery and co-defendants filed an answer with counterclaim and decision.
third-party complaint. They claimed to own the quedans and the sugar o Denial by the SC of the Motion for Clarification has foreclosed
represented therein. private respondents’ right to enforce their warehouseman’s
 Allegedly, RNS and STM purchased the sugar covered by the quedans but lien under the Warehouse Receipts Act.
the checks they gave as payment were dishonored. Considering that the  PRIVATE RESPONDENTS ARGUE:
buyers never acquired ownership, their subsequent endorsers and PNB o They could not have claimed the right to a warehouseman’ s
could not acquire a better right. lien in their Answer to the complaint before the RTC as it would
 have been inconsistent with their original stand (claiming ownership of law between the contracting parties and should be complied with in good
the stocks covered by the quedans). faith.”

ISSUE
Whether PNB is subject to pay the warehouseman’s lien
HELD/RATIO
Yes
 As warehousemen, private respondents cannot legally be deprived of
their right to enforce their claim for warehouseman’s lien for reasonable
storage fees and preservation expenses. Pursuant to Sec. 31, they may
refuse to deliver the goods until the lien is satisfied.
 While the PNB is entitled to the stocks of sugar as the endorsee of the
quedans, delivery to it shall be effected only upon payment of the
storage fees.
 Petitioner is in estoppel in disclaiming liability for the payment of
storage fees due the private respondents as warehouseman while
claiming to be entitled to the sugar stocks covered by the subject
Warehouse Receipts on the basis of which it anchors its claim for
payment or delivery of the sugar stocks.
 The unconditional presentment of the receipts by the petitioner for
payment carried with it the admission of the existence and validity of
the terms, conditions and stipulations written on the face of the
Warehouse Receipts, including the unqualified recognition of the
payment of warehouseman’s lien for storage fees and preservation
expenses.
 Delivery to it shall be effected only upon payment of the storage fees
because in accordance with Sec. 29 of the said law, the warehouseman
loses his lien upon goods by surrendering possession thereof. In other
words, the lien may be lost where the warehouseman surrenders the
possession of the goods without requiring payment of his lien, because
a warehouseman’s lien is possessory in nature.
 According to the pertinent stipulation in the subject quedans which
provides for Noah’s Ark’s right to impose and collect warehouseman’s
lien: “Storage of the refined sugar quantities mentioned herein shall be
free up to one (1) week from the date of the quedans covering said sugar
and thereafter, storage fees shall be charged in accordance with the
Refining Contract under which the refined sugar covered by this Quedan
was produced. “
 As contracts, the receipts must be respected by authority of Article 1159
of the Civil Code, “Obligations arising from contracts have the force of

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