Garcia v. Court Of Appeals

PURISIMA, J.:

Before the Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court seeking to annul and set aside the Decision of the Court of Appeals1 dated August 31, 1994, in CA-G.R. SP. No. 31231, which sustained the March 30, 1993 Order of Branch 9, Regional Trial Court of Kalibo, Aklan, denying herein petitioners' motion for summary judgment. The antecedent facts that matter are as follows: On October 5, 1987, Florencio Junior Garcia, representing himself as attorney in fact of the herein petitioners, brought in the name of the latter, an action for collection of sum of money, against the private respondents, docketed as Civil Case No. 3777 before Branch 9, Regional Trial Court of Kalibo, Aklan.

The said complaint alleged inter alia : "3. That sometime on February 10, 1984, on representations, of defendant Spouses Rafael and Elena DINGLASAN, plaintiffs, through their then Attorney in fact, Florencio Junior Garcia, were prevailed upon to time deposit the following amounts of money issuing to them the following time deposit certificates: Name Time Deposit Cert. No. Amount Maturity Date Ma.

Patricia Garcia 1275 P35,000 February 11, 1986 Nicanor Gutierrez 1276 40,000 -do- Belen B. Gutierrez 1277 35,000 -do- Grace M.B. Gutierrez 1278 40,000 -do- Caroline M. B. Gutierrez 1279 35,000 -do- Gerwin Garcia 1280 33,000 -do- Gerson Garcia 1281 35,788 -do Gilmer Garcia 1282 30,000