Kate

In: Business and Management

Submitted By blueberry9202
Words 485
Pages 2
BANK OF THE PHILIPPINE ISLANDS, INC., Petitioner, vs. SPS. NORMAN AND ANGELINA YU and TUANSON BUILDERS CORPORATION represented by PRES. NORMAN YU, Respondents.

Brief Details of the Case
This case is about the propriety of a summary judgment in resolving a documented claim of alleged excessive penalty charges, interest, attorneys fees, and foreclosure expenses imposed in an extrajudicial foreclosure of mortgage.

Opinion on the case of BPI versus . SPS. NORMAN AND ANGELINA YU and TUANSON BUILDERS CORPORATION

The complaint given by the YUs regarding the none disclosure of Bank of the Philippine island regarding the Finance Charges, I substantially do not agree on that complaint because, it was mentioned in the case that the BPI have provided a promissory note that the YUs have signed before the consumption of the transaction, it was indicated there that "I/We jointly and severally, promise to further pay a late payment charge on any overdue amount herein at the rate of 3% per month." In this note signed by YUs. Given that fact, YU’s has no escape in paying the late payment charge. The questionable part is, it was not mentioned in the promissory note the collection of Attorney’s fees, Litigation expenses and Publication fees. In this case, BPI somehow had a grounds of none disclosure of some incidental charges to its debtor.

On Oct 24, 2003, The YUs have filed a complaint against BPI, I agree to the complaint of the YUs wherein BPI have not provided any supporting documents regarding the cost of foreclosure expenses which is P446,726.74 and cost of publication which Is P518,059.21. On top of BPI not disclosing to the YUs that they will be paying the said charges that was mentioned above, BPI did not even provided as well any supporting documents that will validate the cost of the Foreclosure and publication expenses. The debtor has every right to check on…...

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