Bank files civil suit vs. Atan, wife over unpaid car loan

[philcrasher]

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Bank files civil suit vs. Atan, wife over unpaid car loan

A COMMERCIAL bank in Cebu City has sued Cebu City congressional candidate Jonathan Guardo and his wife Clarissa over an unsettled car loan of P1.1 million they took out last year.

The Bank of the Philippine Island (BPI) Family Savings Bank Inc. filed before the Regional Trial Court a civil suit for recovery of personal property against the couple and an unidentified person for failing to pay P1,121,110.38 that they had borrowed to buy a vehicle.

Sought for comment, Guardo’s lawyer Alvin Butch Cañares said the car is owned by Clarissa who uses it for her real estate business.

“There were disagreements between Mrs. Guardo and her partners over the updating of their monthly amortization, causing the delay in keeping current their payments,” Cañares told Sun.Star Cebu by text.

“It has nothing to do with the business of Mr. Guardo and should not be used for political purposes,” Cañares said.

Guardo believes the suit is politically motivated.

Likewise by text, the congressional candidate for Cebu City’s south district said whoever is behind the suit should spare his wife because she is not running for public office.

Cañares said Clarissa and the bank have agreed on a compromise. He said the bank will not likely pursue the case once the court approves the agreement.

Guardo, through his public relations officer Jonji Gonzales, said, “I hope my opponent, in his desperation because of his failing campaign and even health, will keep his hands off my wife who is not running for public office.”

He was referring to Cebu City Mayor Tomas Osmena, his rival for the House seat.

BPI, represented by lawyer Ismael Trinidad Jr., said the couple availed themselves of a loan of P1,521,396 on Feb. 23, 2009 to buy a Kia Carnival from Gateway Motors Inc.

The couple agreed to pay a monthly installment of P42,261 starting March 26, 2009 but missed their obligations for Dec. 26, 2009 and March 26, 2010.

Under the terms of the promissory note the couple executed, all monthly installments have become due with a total of P1,121,110.38. The sum excludes lawyer’s fee, liquidation and actual damages.

BPI had demanded payments from the couple but had been ignored.

In their promisory note, the couple agreed that in the event of legal action, they will pay liquidation damages equivalent to 15 percent and attorney’s fee equal to 25 percent, computed based on the outstanding balance of P1,121,110.38, including P67,266.62 as reimbursement of premium on replevin.

BPI asked the court to order the seizure of the vehicle worth P1,107,555.16 and the couple to pay the bank P168,166.56 as liquidation damages, P280,277.60 as attorney’s fees, P15,000 as re-possession expenses, and P67,266.62 as reimbursement of premium on replevin bond and costs. (GMD with PDF)

KUYAWAN MAN TA ANI MAKA DAOG NING TAWHANA GAMITON NYA ANG KWARTA SA MGA TAO I BAYAD SA UTANG! TSK3X. ASAWA PALANG DAAN UTANGA NAH SAMOT NA CGURO..... comments lang...

Link here...

Bankrupt na cguro ni BRO kay wala nay halin sa ARTHRO!!!!!

[nosibalasi]

Hurot2x nang sapi ni Guardo uyyy. Di malalim na lansar2x way daug2x bwahaha! Karong human eleksyon maparot na sad na siya. Ako may malooy aning abay Guardo uyyy. Pwerteng paningkamot ana niya ron makadaug. Lig-on pa ra bas bato iyang kontra...Tomas Osmena bwahaha!

[joremz]

nahhh...mingsamot u kasikat s guardo ani.butangi. malooy hinuon ang ma tawo ani kay ipalabas nga propaganda...ilad lang gihapon ta aning issue ha...Pwerteng ngesi ron ni athan..hahahahahaha..

[pej]

Definitely He's not getting my VOTE.

[JAINI]

dako nadyod ni nagasto si atan sa una pagud na siya cge panghatag..walay daog2x..

[joy te]

politics is not behind on this matter.

I hope sis... BTW am not for Jonathan Guardo. I dont think sa pag sign ni Mrs Guardo sa PN sa BPI Family Savings Bank Inc. to own that car la pod mo sign si Atan sa PN (huwag mag deny) as to my knowledge both spouses should sign sa PN (As co-maker). Bisan pa under na sa name ni Mrs. Clarissa Guardo. (Ngita lang jud og lusot si Atan og ang iyang PRO). On the other hand pwede raman unta e voluntary surrender ang car para dili sya magka problema, gusto lang tingali og pasikat aron ingnon nindot og car. Iya pod na. Hoy Mr. Atan Guardo e surrender nana ang unit. Basin simbako og modaog ka sa elections ang kwarta sa mga tao imo ibayad sa imong monthly amortization sa banko.

[JAINI]

luoya ni atan dri oi bun og na kaayo...

[joy te]

^^ mao pod pero in fairness pod kang Atan ha, this recently daghan pod sya natabangan nga mga pobre somewhere in mabaling labi natong namatayan nga iyahang gi hatagan og lungon kay lay ika palit (Pero you know naman elections time) but at least we cant deny the fact nga bisan og bali-balihon pa nato og sabot tabang gihapon. Ang akong punto nga bisan ing ana si Atan nakatabang gihapon sya. Pero dili gihapon ko mo botar ni Atan. Oh at least dili na kaayo ka bun og Atan ha.

[JAINI]

yup joy its true in one way or another naka help siya dyod..but mao lage ang motive sa pag help is ang pag run man..but ur right tabang is tabang man...in daghan sad mga pobre naka benifits labi na dri sa south..perti nadyod kadako raba ani iya nagasto negosyante rabi ni mamawe dyodni..

[korg17]

how can this be politically motivated? when you dont pay your loan banks will always chase you. if you keep on ignoring them, they will sue you, because you need to pay. this applies to everyone, not because you are A*hole Guardo or a politician and not because its elections time. the "politically motivated" excuse is just standard damage-control for a plain embarrassment.