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Toyota Cubao, Inc. vs. Court of Appeals and Guevarra

TOYOTA CUBAO, INC., petitioner vs. THE HONORABLE COURT OF APPEALS and DANILO A. GUEVARRA, respondents.

G.R. No. 126321 | 1997-10-23

D E C I S I O N

VITUG, J:

Petitioner Toyota Cubao, Inc., undertook repairs on the car owned by private respondent Danilo Guevarra. The repair cost of P76,800.47 was paid by means of BPI Check No. 17819, dated 12 March 1991, drawn by Guevarra in favor of Toyota. When presented for payment, the check was dishonored, i.e., "Drawn Against Insufficient Funds ('DAIF')." Petitioner thereupon requested that Guevarra should make good the check. When Guevarra failed to heed the demand, petitioner filed a civil case for collection of the unpaid account.

On 07 January 1993, the trial court issued the summons to Guevarra at his address...