G.R. No. 137916 - DEVELOPMENT BANK OF THE PHILIPPINES, VS. COURT OF APPEALS, ELPIDIO O. CUCIO, SPOUSES JACINTO GOTANGCO AND CHARITY BANTUG,[1].D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed that a Writ of Preliminary Mandatory Injunction be issued ordering defendants Jacinto Gotangco and Charity Bantug to execute the final Deed of Sale over TCT Nos. NT-166092, NT-166093, NT-166094, NT-166095, NT-166096, NT-166097 and NT-166098 and to submit additional collaterals to the Development Bank of the Philippines (DBP) and the DBP to release the owners copies of said titles from its possession and deliver them to plaintiff. After hearing, making the preliminary injunction permanent and ordering the defendants, jointly and severally, to pay plaintiff moral damages, the amount of which is left to the sound discretion of the Honorable Court; actual damages of P50,000.00; attorneys fee of P30,000.00 and the cost of the suit. Plaintiff prays for other remedies under the premises. [14] The Spouses Gotangco filed their answer [15] with counterclaim, alleging that they could not be faulted for their failure to execute a deed of sale in favor of Cucio over the said parcels of land because the latter did not notify them that he had already made the complete payment of the P50,000.00 purchase price thereof to DBP. According to the Spouses Gotangco, considering that the DBP had given its implied consent to the contract to sell over the subject parcels of land, it was the DBPs obligation to release the titles after complete payment was made, following the submission to it of TCT No. NT-177647, the substitute collateral for their loan. In their cross-claim against the DBP, the Spouses Gotangco alleged the following: That on account of non-approval of loan and non-release of collaterals/securities by the DBP, the defendants Gotangcos were unnecessarily dragged into litigation by the plaintiff where the DBP alone should have been sued in the first place, for all these, the DBP alone should suffer if ever the Spouses Gotangco will be adjudged liable to the plaintiff; for all the damages. [16] The Spouses Gotangco prayed that, after due proceedings, judgment be rendered in their favor, thus: WHEREFORE, facts and premises considered, it is most respectfully prayed that JUDGMENT BE RENDERED: DISMISSING THE COMPLAINT for lack of cause of action and other grounds stated in the Special and Affirmative Defenses; ON COUNTERCLAIM, condemning the plaintiff to pay moral damages of P100,000.00, attorneys fees of P25,000.00, more or less, and litigation expenses of P10,000.00; By way of cross-claim, ordering the other defendant DBP to pay whatever amount the defendants Gotangcos may suffer in the event they may be adjudged liable to the plaintiff. GRANTING UNTO THE DEFENDANTS SPOUSES GOTANGCO reliefs and other remedies just and proper under the premises and the law. [17] In its answer, [18] the DBP admitted that it charged Cucio interest on the Spouses Gotangcos loan; however, it denied that it consented to the transaction between the Spouses Gotangco relative to the seven (7) parcels of land claimed by Cucio. In its answer to t