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SABADO, Marionnie C.

7. Nyco Sales Corporation v. Ba Finance assignor-assignee. The assignor-vendor


Corporation, Judge Rosalio A. De Leon— warrants both the credit itself (its existence
Regional Trial Court, Br. Ii, Intermediate and legality) and the person of the debtor
Appellate Court, First Civil Cases (his solvency), if so stipulated, as in the
Division case at bar. Consequently, if there be any
breach of the above warranties, the
assignor-vendor should be held answerable
Facts: Nyco Sales Corporation has therefor. There is no question then that the
discounting privileges with BA Finance assignor-vendor is indeed liable for the
Corporation. In 1978, brothers Renato invalidity of whatever he assigned to the
Fernandez and Santiago Renato (officers of assignee-vendee. Considering now the
Sanshell Corporation) approached Nyco facts of the case at bar, it is beyond dispute
Sales Corporation for a credit that Nyco executed a deed of assignment in
accommodation in order for the brothers favor of BA Finance with Sanshell
make use of Nyco’s discounting privileges. Corporation as the debtor-obligor. BA
Nyco Sales agreed and so, on November Finance is actually enforcing said deed and
15, 1978, Sanshell issued a post-dated the check covered thereby is merely an
(November 17, 1978) BPI check to Nyco incidental or collateral matter. This particular
Sales in the amount of P60,000.00. check merely evidenced the credit which
Following the discounting process agreed was actually assigned to BA Finance. Thus,
upon, Nyco Sales, thru its president Rufino the designation is immaterial as it could be
Yao, endorsed the check in favor of BA any other check. It is only what is
Finance. Thereafter, BA Finance issued a represented by the said checks that Nyco is
check payable to Nyco Sales which being asked to pay.
endorsed it in favor of Sanshell. Sanshell
then made use of and/or negotiated the Nyco Sales’ pretension that it had not been
check. Accompanying the exchange of notified of the fact of dishonor is belied not
checks was a Deed of Assignment executed only by the formal demand letter issued by
by Nyco Sales (assignor) in favor of BA BA Finance but also by the fact that Nyco
Finance (assignee) with the conformity of Sales and Sanshell had frequent contacts
Sanshell. Under the said Deed, the subject before, during and after the dishonor. More
of the discounting was P60k BPI check. importantly, as long as the credit remains
outstanding, Nyco Sales shall continue to
The check bounced. BA Finance notified be liable to BA Finance as its assignor. The
Sanshell. Sanshell substituted the BPI dishonor of an assigned check simply
check with a Security Bank and Trust stresses its liability and the failure to give a
Company check for P60k. This check again notice of dishonor will not discharge it from
bounced. BA Finance made repeated such liability. This is because the cause of
demands to Nyco Sales and Sanshell but action stems from the breach of the
neither of the two settled the obligation. warranties embodied in the Deed of
Hence, BA Finance sued Nyco Sales. Nyco Assignment, and not from the dishonoring of
Sales averred that it received no notice of the check alone.
dishonor when the second check was
dishonored. Dispositive: The decision appealed from is
AFFIRMED.
Issue: Whether or not Nyco Sales is liable
to pay BA Finance?

Ruling: Yes. The relationship between


Nyco Sales and BA Finance is one of

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