GUILLERMO-Gateway Electronics Corp vs. Delos Reyes (Preference of Credits)

GUILLERMO, Patricia Mae D.
Topic: Preference of Credits – Insolvency Law (Act No. 1956, as amended)
G.R. No. 172041, December 18, 2008, J. Velasco, Jr.

GATEWAY ELECTRONICS CORPORATION and GERONIMO B. DELOS REYES, JR., petitioners,
vs.
ASIANBANK CORPORATION, respondent.
FACTS:
Petitioner Geronimo B. delos Reyes, Jr. was Gateway’s president and one Andrew delos
Reyes its executive vice-president. On July 23, 1996, Geronimo and Andrew executed separate but
almost identical deeds of suretyship for Gateway in favor of respondent Asianbank Corporation.
Gateway initially made payments on its loan obligations, but eventually defaulted. Upon
Gateway’s request, Asianbank extended the maturity dates of the loan several times. These
extensions bore the conformity of three of Gateway’s officers, among them Andrew. On July 15 and
30, 1999, Gateway issued two checks as payment for its arrearages and interests for the periods
June 30 and July30, 1999; but both checks were dishonoured for insufficiency of funds. Asianbank’s
emands for payment made upon Gateway and its sureties went unheeded. Thus, on December 15,
1999, Asianbank filed with the Regional Trial Court (RTC) in Makati City a complaint for a sum of
money against Gateway, Geronimo, and Andrew.
Andrew also filed an answer alleging, among other things, that the deed of suretyship he
executed covering the PhP 10 million-Domestic Bills Purchased Line and the USD 3 million-
Omnibus Credit Line did not include the aforementioned obligation.
Geronimo, on the other hand, alleged that the subject deed of suretyship, assuming the
authenticity of his signature on it, was signed without his wife’s consent and should, thus, be
considered as a mere continuing offer. Like Andrew, Geronimo argued that he ought to be relieved
of his liability under the surety agreement inasmuch as he too never consented to the repeated loan
maturity date extensions given by Asianbank to Gateway.
RTC rendered judgment in favour of Gateway which the Court of Appeals affirmed the said
decision. Hence, the petition.
ISSUE: Whether or not the Petitioners should be discharged of their obligations to Asianbank
RULING: Gateway may be discharged from liability but not Geronimo.
Gateway, having been declared insolvent, argues that jurisdiction over all claims
against all of its properties and assets properly pertains to the insolvency court. The contention, as
formulated, is in a qualified sense meritorious. Under Sec. 18 of Act No. 1956, as couched, the
issuance of an order declaring the petitioner insolvent after the insolvency court finds the
corresponding petition for insolvency to be meritorious shall stay all pending civil actions against
the petitioner’s property.
Applying the provisions of Insolvency Law, it can rightfully be said that the issuance of the
insolvency order of December 2, 2004 had the effect of automatically staying the civil action for a
sum of money filed by Asianbank against Gateway. In net effect, the proceedings before the CA, but
only insofar as the claim against Gateway was concerned, was, or ought to have been, suspended
after December 2, 2004, Asianbank having been duly notified of and in fact was a participant in the
insolvency proceedings
Geronimo, however, is a different story. Asianbank’s right to collect payment for the full
amount from Geronimo, as surety, exists independently of its right against Gateway as principal
debtor; it could thus proceed against one of them or file separate actions against them to recover
the principal debt covered by the deed on suretyship, subject to the rule prohibiting double
recovery from the same cause.
Under the deed of suretyship, Geronimo undertook to secure all obligations obtained under
the Domestic Bills Purchased Line and Omnibus Credit Line, without any specification as to the
period of the loan. The suretyship Geronimo assumed did not limit itself to a specific loan
document to the exclusion of another. The suretyship document merely mentioned the Domestic
Bills Purchased Line and Omnibus Credit Line as evidenced by "all notes, drafts x x x
contracted/incurred by [Gateway] in favor of [Asianbank]." Such credit facilities are not loans by
themselves. Thus, the Deed of Suretyship was intended to secure future loans for which these
facilities were opened in the first place.

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GUILLERMO, Patricia Mae D.

Topic: Preference of Credits – Insolvency Law (Act No. 1956, as amended)

G.R. No. 172041, December 18, 2008, J. Velasco, Jr.

RULING: Gateway may be discharged from liability but not Geronimo.

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