G.R. No. 192048. December 13, 2017.
Douglas F. Anama obtained a loan and executed a promissory note in the amount of P418,000 and a chattel mortgage in favor of Citibank. Due to the failure of Anama to pay the monthly installments, in 1974, Citibank filed a complaint for sum of money and replevin with the Court of First Instance of Manila. Anama filed his answer with counterclaim alleging that his failure to pay was due to the fault of Citibank as it refused to receive the checks he issued, and that the chattel mortgage was defective and void. The Regional Trial Court (RTC) issued an Order of Replevin over the machineries and equipment covered by the chattel mortgage.
In 1982, the CA rendered a decision in favor of Anama and nullified RTC’s orders of seizure. However, during the pendency of the case in the CA, the court’s records including the records of the subject case was destroyed by fire.