Hun Hyung Park Vs Eung Won Choi

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Title: HUN HYUNG PARK, PETITIONER, V.

EUNG WON CHOI, RESPONDENT


Date: March 27, 2019
Appellant: HUN HYUNG PARK
Appellee: EUNG WON CHOI
Ponente: Caguioa, J.

NATURE OF THE CASE:

Before this Court is a petition for review on certiorari under Rule 45 of the Rules of Court filed
by Petitioner Hun Hyung Park (Park) against Respondent Eung Won Choi (Choi), assailing the
Court of Appeals' (CA) Decision dated March 30, 2015 and Resolution dated September 30,
2015 in CA-G.R. SP No. 124173.
In the assailed Decision and Resolution, the CA reversed and set aside the Decision dated
December 23, 2011 and Order dated March 28, 2012 of the Regional Trial Court of Makati City
- Branch 142 (RTC - Branch 142), which affirmed the Decision dated April 26, 2011 of the
Metropolitan Trial Court of Makati City - Branch 65 (MeTC), holding Choi civilly liable to pay
Park the amount of One Million Eight Hundred Seventy-Five Thousand Pesos (P1,875,000.00)
plus interest of 12% percent per annum from August 31, 2000 until the whole amount is paid,
P200,000.00 as attorney's fees, and P9,322.25 as reimbursement for filing fees.

FACTS:

In 1999, Park, a money lender, extended a loan of P1,875,000.00 to Choi, who issued a post-
dated check as payment. When Park attempted to deposit the check on October 5, 1999, it
bounced due to a closed account. Park notified Choi through a demand letter on May 11, 2000,
but Choi failed to resolve the issue. Park then filed a complaint against Choi for estafa and
violation of B.P. 22. The MeTC initially dismissed the case based on Choi's argument that the
prosecution didn't prove he received the notice of dishonor. Park appealed to the RTC - Branch
60, which, in a 2003 decision, granted the appeal, stating insufficient evidence for criminal
liability but recognizing Choi's civil liability. The RTC ordered Choi to pay Park the check's face
value with legal interest. Choi appealed to the CA and the CA therein reversed and set aside the
decision and resolution of RTC-Makati.

ISSUE:

WON the CA committed any reversible error in the issuance of the assailed decision of and
Resolution of the MeTC and RTC- Makati?

RATIO:

 The petition is meritorious. Choi was not deprived of due process and was given ample
opportunity to present his case and the MeTC affirmed by the RTC-Makati was correct in
its decision that Choi is liable to pay Park the amount of P1, 875,000.00 along with its
corresponding interests.
 Judicial admissions made by parties in the course of trial in the same case are
conclusive and do not require further evidence to prove them. They are legally
binding on the party making them except when it is shown that they have been
made through palpable mistake, or that no such admissions were made. Choi
himself admitted liability.
 A party claiming that an obligation has been discharged by payment has the burden
of proving the same following the Court’s ruling in Alonzo vs. San Juan. The law
requires in civil cases that the party who alleges a fact has the burden of proving it.

DISPOSITION:

WHEREFORE, premises considered, the petition is GRANTED. The Court of


Appeals' Decision dated March 30, 2015 and Resolution dated September 30, 2015 in CA-G.R.
SP No. 124173 are hereby REVERSED and SET ASIDE. The Decision of the Regional Trial
Court, Branch 142 dated December 23, 2011 and Order dated March 28, 2012, which affirmed
the Metropolitan Trial Court of Makati City - Branch 65 Decision dated April 26, 2011, are
hereby REINSTATED.
Respondent Eung Won Choi is hereby ordered to pay Petitioner Hun Hyung Park the amount of
One Million Eight Hundred Seventy-Five Thousand Pesos (P1,875,000.00) representing the
principal amount of the unpaid PNB Check No. 0077133 dated August 28, 1999, with legal
interest at the rate of twelve percent (12%) per annum from May 19, 2000, the date of
extrajudicial demand, until June 30, 2013; and thereafter, six percent (6%) per annum until
this Decision becomes final and executory.
Further, this sum shall further earn interest at the rate of six percent (6%) per annum from the
date of finality of this Decision until full payment, in accordance with the Monetary Board of the
Bangko Sentral ng Pilipinas Circular No. 799 (s. 2013).
SO ORDERED.

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