STELCO MARKETING V. CA
210 SCRA 51
FACTS:
Petitioner was engaged in the distribution and sale of structiural steel bars. RYL bought on several occasion large quantities of steel bars but the same were never paid for despite several demands by petitioner.
On a relevant date, RYL gave to Armstrong Industries a check in payment of its obligations. The check was drawn by Steelweld Corporation—allegedly the owner of RYL persuaded the president of Steelweld to accommodate the former in its obligation. The check, when deposited was thereafter dishonored due to insufficient funds. A case ensued for violations of BP22 but the case was dismissed as the check was held to be for accommodation purposes only.
Thereafter a complaint was filed by petitioner against RYL and Steelweld for the recovery of sum of money in payment of the steel bars ordered. RYL was nowhere to be found that is why the proceedings commenced as against Steelweld only. The trial court decided in favor of petitioner but this was reversed by the CA.
HELD:
Petitioner contends that the acquittal of Lim and Tianson didn't operate to release Steelweld from its liability as an accommodation party. Noteworthy is that neither said pronouncement nor any other part of the judgment of acquittal declared it liable to petitioner. To be sure, as regards an accommodation party, the condition of lack of notice of any infirmity or defect in title of the persons negotiating it is of no application since the law preserves the right of recourse of a holder for value against an
accommodation party notwithstanding knowledge that at the time of taking the instrument, knew him only as an accommodation party.
Further, there is no evidence to show that petitioner possessed the check before the instrument’s presentment and dishonor. In what transpired during the transactions involving the check, evidence and facts show that there was any participation or intervention on the part of petitioner. What the record shows is that only after the check was deposited and dishonored, petitioner came into possession of it in some way and was able to give it in evidence at the trial of the civil case it has instituted against
the drawers of the check.