5/3/2021
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Johnny Uy and his wife Magdalena to break away from the rest of the
family. They later transferred their investments in Soon Kee to the other
stockholders of the corporation.
"This particular case takes its roots from a complaint for interpleader
instituted by Hongfil Shipping Corporation and Edward Tan Chona to
determine the rightful owner of a certain sum of money originally invested
with the appellee-corporation. This complaint was filed with the Regional
Trial Court in Cebu City and was docketed as Civil Case No. CEB-9928.
"In the amended complaint, appellee Edward Tan Chona ("Tan Chona") and
Hongfil Shipping Corporation alleged that Tan Chona received a total of
US$100,000.00 from the Soon Kee Commercial, Inc. ("Soon Kee") or Uy
family as part capitalization and operation outlay in the Hongfil Shipping
Corporation ("Hongfil"). This was given to him in two installments, i.e.,
US$70,000.00 from Johnny Uy ("Johnny") and later US$30,000.00 from Ban
Ha Chua.
"Hongfil later on ceased to operate and sold the vessel used in its
operations. Tan Chona thereafter offered to return the invested amount or
its equivalent in pesos to the defendants. He was unable to do so, however,
because of conflicting claims among the Uy family members as to the
rightful source of the investment.
"The plaintiffs have since received demands from the Uy family members.
But being close and in good terms with all of them, Tan Chona decided to
deposit the amount with the bank and instituted an interpleader action so as
not to be misunderstood by the Uy family. The equivalent amount in pesos
based on the prevailing exchange rate at that time was then deposited
under Special Savings Account No. 7-445-00001-3 with the Rizal
Commercial Banking Corporation branch in Cebu City.
"The plaintiffs then prayed that the court render judgment on the respective
rights of the defendants on the amount currently deposited with the bank
and the interest that will accrue thereon. It was also prayed that attorney's
fees and expenses incurred by the plaintiffs be declared to constitute a first
lien or charge on the disputed amount (Records, pp. 6-9).
"Named defendants in the complaint were Soon Kee, Johnny and Ban Hua
Flores ("Ban Hua") or Ban Ha Chua ("Ban Ha"). They are divided into two
camps. While Johnny claims the total amount as his personal investment,
the others claim that the investment is owned by the Uy family members
who are also stockholders of Soon Kee in proportion to their holdings in the
latter.
"Johnny's version of the circumstances surrounding the investment is
summarized in the following paragraphs.
"Sometime in 1984, Tan Chona invited Johnny to join him in forming a
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52802
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