Respondent: Venancio Concepcion G.R. No. L-19190, Nov 29, 1922 TOPIC: Concept of Credit FACTS Sec. 35 of Act No. 2747 (Feb 20, 1918) of the National Bank prohibits, (in)directly, to grant loans to any of the members of the board of directors of the bank nor to agents of branch banks. Sometime in April-May 1919, PNB President Venancio Concepcion authorized an extension of credit in the amount of P300,000 in favor of Puno y Concepcion, S. en C. without asking for collateral security. Puno y Concepcion, S. en C. was a copartnership where the wife of President Concepcion was a member of. President Concepcion was charged with a violation of Sec 35 of Act No. 2747. However in 1921, said section was already repealed. RELEVANT ISSUES 1. Was granting the P300,000 credit, a loan within the meaning of sec 35, Act No. 2747? 2. Was granting the P300,000 credit, a loan or a discount? 3. Was granting the P300,000 credit, an indirect loan within the meaning of sec 35 of Act No. 2747? 4. Could Pres Concepcion be convicted of violating sec 35, Act No. 2747 when it has already been repealed by Act No. 2938? 5. Does the alleged good faith of Pres Concepcion in extending credit constitute a legal defense? RULING 1. No, what was granted was credit and not a loan.
CREDIT ability to borrow money by virtue of the
confidence or trust reposed by a lender that he will pay what he may promise. LOAN the delivery by one party and the receipt by the other party of a given sum of money, upon an agreement, expressed or implied, to repay the sum loaned, with or without interest. 2. It was a loan. LOAN 1. Loan is loan. 2. Interest is taken at the expiration of a credit. 3. Generally on singlename paper.
DISCOUNT 1. A mode of loan 2. Interest is deducted in advance. 3. Always on doublename paper.
The demand notes signed by the Puno y
Concepcion, S. en C. were not discount paper but were mere evidences of indebtedness because: 1. interest was not deducted from the face of the notes (but was paid when the notes fell due) 2. they were single-name papers 3. Yes, the loan was made indirectly to him through Puno y Concepcion, S. en C. It must be noted that Rosario San Agustin, wife of Pres Concepcion contributed P50,000, onehalf of the capital of the partnership. The share of the wife in the partnership is considered a conjugal property and thus the credit was an indirect loan to the Pres Concepcion. 4. Yes, it has been held that where the repeal of an Act of the Legislature which penalizes an offense does not have the effect of thereafter depriving the courts of jurisdiction to try, convict, and sentence offenders charged with violations of the old law. 5. In the statute which the defendant has violated, criminal intent is not necessarily material. The doing of the inhibited act constitutes the crime. Pres Concepcion has been proved guilty beyond reasonable doubt of the crime charged in the information.