TITLE: Philippine Virginia Tobacco Administration v Judge Delos Santos

CITATION: G.R. No. L-27829 August 19, 1988

TOPIC: LETTERS OF CREDIT

FACTS:
Timoteo Sevilla, proprietor and General Manager of the Philippine Associated Resources
(PAR) was awarded in a public bidding the right to import Virginia leaf tobacco.
Subsequently, the Philippine Virginia Tobacco Administration (PVTA) and Sevilla entered
into a contract for the importation of 85 million kilos of Virginia leaf tobacco and a
counterpart exportation of 2.53 million kilos of tobacco and 5.1 million kilos of farmer’s
and tobacco at P3.00 a kilo. In accordance with their contract Sevilla purchased from
PVZTA and exported 2,101.470 kilos of tobacco, paying the PVTA the sum of P2,482,938.50
and leaving a balance of P3,713,908.91. Before respondent Sevilla could import the
counterpart blending Virginia tobacco, amounting to 525,560 kilos, Republic Act No.
4155 was passed and took effect on June 20, 1 964, authorizing the PVTA to grant import
privileges at the ratio of 4 to 1 instead of 9 to 1 and to dispose of all its tobacco stock at
the best price available.

Because of the prevailing export or world market price under which Sevilla will be
exporting at a loss, the agreement was further amended to require Sevilla would open
an irrevocable letter of credit with the Prudential Bank and Trust Co. (Prudential) in favor
of the PVTA to secure the payment of said balance, drawable upon the release from the
Bureau of Customs of the imported Virginia blending tobacco. While Sevilla was trying to
negotiate the reduction of the procurement cost of the 2,101.479 kilos of PVTA tobacco
already exported which attempt was denied by PVTA and also by the Office of the
President. PVTA attempted to collect from the letter of Credit with Prudential. Sevilla filed
an injunction for the release of funds with Prudential in the sala of Judge Delos Santos.
Judge Delos Santos issued the injunction order and in a subsequent petition, ordered the
funds of the letter of credit released to Sevilla.

ISSUE:
Whether or not Judge Sevilla acted with grave abuse of discretion in releasing the funds
to the applicant of the letter of credit.

RULING:
Yes. Judge Delos Santos violated the irrevocability of the letter of credit issued by
respondent Bank in favor of petitioner.

An irrevocable letter of credit cannot, during its lifetime, be cancelled or modified

Without the express permission of the beneficiary. Consequently, if the finding the trial on
the merits is that respondent Sevilla has ailieged unpaid balance due the petitioner, such
unpaid obligation would be unsecured.