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Filmerco Commercial Co. et al. vs. Intermediate Appellate Court (IAC)

FILMERCO COMMERCIAL CO., INC., SPOUSES JAIME and ANA MARIA MIGUEL, petitioners, vs. HON. INTERMEDIATE APPELLATE COURT; HON. TEOFILO GUADIZ, JR., in his official capacity as Presiding Judge of Regional Trial Court, National Capital Judicial Region, Branch 147, Makati, Metro Manila; PIOQUINTO VILLAPANA, in his official capacity as Deputy Sheriff of the Office of the Provincial Sheriff, National Capital Judicial Region, Makati, Metro Manila; and BANK OF THE PHILIPPINES ISLANDS, respondents.

G.R. No. 70661 | 1987-04-09

D E C I S I O N


GUTIERREZ, JR., J.:

The main issue in this petition is whether or not the petitioners were served valid summons so as to bring them within the jurisdiction of the court.

Filmerco Commercial Co., Inc., (Filmerco) obtained two separate loans from the Bank of Philippine Islands (BPI) on November 26, 1982 and December 26, 1982 respectively. As security for the payment of the obligation stated in the promissory notes, spouses Jaime and Ana Maria Miguel executed a deed of continuing suretyship wherein the Miguels bound themselves jointly and solidarily with Filmerco for the payment of the latter's obligation under the...