Consequently, their obligations are extinguished proportionately by operation of law. It would thus appear that CAMDEN, represented by the accused, and the bank, assuming arguendo without admitting the bank's theory of the case, are mutually creditors and debtors of each other ( Art. Later, on October 13, 2014, Choa filed a Motion for Leave (To file Demurrer to Evidence), 16 attached to which was his Demurrer to Evidence. On September 25, 2014, Choa filed his Comment. 13 In the same Order, the trial court gave Choa 10 days to comment on the prosecution's evidence. On August 20, 2014, the prosecution filed its Formal Offer of Documentary Evidence, 12 which the trial court admitted in its SeptemOrder. On clarificatory question by the court, the prosecution witness Gerard Santiago dmitted that currently the bank is a judgment debtor of CAMDEN in the amount of P90M plus while the bank's claim against CAMDEN/accused is P20M plus 11
Upon the other hand, the money claim of the bank against CAMDEN and/or for the accused is P20M plus Į. The case is now on appeal to the Court of Appeals ĭ. The bank was ordered to pay CAMDEN the same amount. CAMDEN sued the bank and was awarded P90M plus. The only one they sued was CAMDEN's President, the accused Ĭ.
The complainant bank did not sue CAMDEN for the liability. The subject trust receipts are for the account of CAMDEN Industriesī. Equitable PCI Bank" (Pasig civil case), which had been elevated to the Court of Appeals, BDO supposedly owed Camden the judgment award of ₱90 million. 70098, entitled " CAMDEN Industries, Inc. 9 The witnesses testified, among others, that per Civil Case No. Santiago (Santiago) and Froilan Carada (Carada) as its witnesses. for which there is now due the sum of Php 7,875,904.96 under the terms of which the accused agreed to sell the same with express obligation to remit to the complainant bank proceeds of the sale and/or turn over the same if not sold or disposed of in accordance with the said Trust Receipt Agreements on demand, but the accused once in possession of the said good, far from complying with his obligation and with unfaithfulness and abuse of confidence, did then and there willfully, unlawfully and feloniously, misappropriate, misapply and convert to his own personal use and benefit the said goods and/or the proceeds of the sale thereof, and despite repeated demands, failed and refused to account for and/or remit the proceeds of the sale thereof, to the damage and prejudice of the said complainant bank in the aforementioned amount of Php7,875,904.96. De Dios, in consideration of the receipt by the said accused of. 0006, 0007, 0008, 0009, 0024, 0025, 00 in favor of Equitable PCI Bank (now Banco De Oro-EPCI, Inc.), herein represented by its Senior Manager Danilo M.
That, on or about and during the period beginning Mauntil May 20, 1999, in the then Municipality of San Juan, now City of San Juan, a place within the jurisdiction of this Honorable Court, the above named accused, being then the President and General Manager of Camden Industries, Inc., execute several Trust Receipt Agreements with Nos. 115, or the Trust Receipts Law, to the prejudice of BDO Unibank, Inc. He was charged with violating Presidential Decree No.
On February 28, 2008, an Information 7 was filed before the Regional Trial Court of Pasig City against Choa, then president and general manager of Camden Industries, Inc. 4 The Court of Appeals affirmed the Novem5 and Febru6 Orders of the Regional Trial Court, which granted Antonio Choa (Choa)'s Demurrer to Evidence. This Court resolves a Petition for Review on Certiorari 1 under Rule 45 of the 1997 Rules of Civil Procedure, assailing the OctoDecision 2 and FebruResolution 3 of the Court of Appeals in CA-G.R. When a demurrer is granted in a criminal case, the private complainant can file a Rule 65 petition on the civil aspect of the case, as long as he or she can show that the trial court committed grave abuse of discretion in granting the demurrer.