THE Court of Appeals (CA) has ordered former basketball superstar Alvin Patrimonio to pay off the P200,000 loan he obtained through his then business partner and sports columnist Napoleon Gutierrez.
The CA Special Former Special 15th Division held that Patrimonio, now the team manager of Purefoods in the Philippine Basketball Association (PBA), failed to raise new issues that would warrant the reversal of its ruling issued on September 24, 2008.
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“Anent plaintiff-appellant’s (Patrimonio) motion for reconsideration, we are convinced that the arguments advanced therein have already been considered and passed upon by this Court in the assailed decision dated September 24, 2008. There are no compelling reasons to warrant a modification, much more, a reversal of aforestated decision,” the court said.
Concurring with the ruling were Associate Justices Magdangal de Leon and Sixto Marella Jr.
Patrimonio, four-time PBA-Most Valuable Player (MVP), was earlier ordered by the CA to pay complainant, Octavio Marasigan III, a former classmate of the cager, the amount of P200,000 which Gutierrez borrowed in 1994 to allegedly finance the construction of the former cager’s house.
Gutierrez later paid the loan using Patrimonio’s checks, which, unfortunately, bounced, prompting Marasigan to file estafa charges against the former PBA player.
In its September 24 ruling, the CA said Patrimonio was liable to pay Marasigan because he had authorized Gutierrez to use several of his blank checks -- but on the condition that Gutierrez should inform him first before using the checks.
The Appellate Court said that although it was established that the money was not received by Patrimonio, the latter was still obliged to honor his check under the law.
The CA, however, reprimanded Marasigan for not verifying first with Patrimonio if he really needed money at that time considering that the latter was earning millions then being at the peak of his career.
The cager, on the other hand, sought the nullification of the loan as this was made without his consent and knowledge. He stressed that he gave Gutierrez several blank checks for their business expenses.
While Patrimonio was ordered to pay Marasigan, the CA directed Gutierrez to reimburse Patrimonio the same amount.
During hearings before the Quezon City Regional Trial Court, Patrimonio admitted that he and Gutierrez are partners in a company that produced basketball shows and mini concerts.
However, the trial court dismissed Patrimonio’s plea and ordered him to pay the P200,000 plus interest. (ECV/Sunnex)