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PBTC vs. Tambunting, et al.

PEOPLES BANK AND TRUST COMPANY, plaintiff-appellee, vs. JOSE MARIA TAMBUNTING, MARIA PAZ TAMBUNTING, and FRANCISCO D. SANTANA, defendants. FRANCISCO D. SANTANA, defendant-appellant.

G.R. No. L-29666 | 1971-10-29

D E C I S I O N


FERNANDO, J:

Appellant Francisco D. Santana was sued by plaintiff, now appellee, Peoples Bank & Trust Company, along with the other defendants, Jose Maria Tambunting and Maria Paz Tambunting, his son-in-law and his daughter, for the recovery of the sum of money due in an overdraft agreement, with the Tambunting couple as principal debtors and appellant as surety. The judgment went against him notwithstanding his plea based on Article 2080 of the Civil Code, releasing guarantors, even if they solidary if by some act of the creditor subrogation is thereby precluded. 1 The lower court, presided by the then Judge, now...