G.R. No. 164791, June 29, 2010 SELWYN F. LAO and EDGAR MANANSALA, Petitioners, vs. SPECIAL PLANS, INC., Respondent Facts: The Petioners Lao and Manansala entered into a Contract of Lease with Special Plans Incorporated (SPI). Upon expiration of the contract, it was further renewed for another eight months. Petitioners did not pay the allotted rental fees which prompted SPI to send a demand letter asking for full payment of rentals in arrears. Petitioners did not give payment, giving the reason that SPI failed to del iver the leased premises for their intended use and because of this they incurred expenses for necessary repairs as well as expenses for the repair of structural structu ral defects.. They counterclaimed SPI to pay the sum of 422,000 pesos as actual damages against the claim of SPI of 118,000 for accumulated unpaid rentals. The Metropolitan Court found that the unpaid rentals only amounted to 95,000 pesos and declared SPI responsible for repairing the structural structural defects of the leased premises and thus dismissed dismissed SPIs case. SPI then appealed to the Regional Trail Court of Quezon City which then modified the decision of the lower court, disagreeing on the off-setting of the amount allegedly spent by the petitioners for the repairs of the structural defects of subject property with their unpaid rentals and ordered the Petitioners to pay 95,000 for unpaid rentals. The petitioners then appealed to the Court of Appeals wherein they asserted that the amount of 545,000.00 that they spent for repairs, P125,000.00 of which was spent on structural repairs, should be judicially compensated against the said unpaid rentals amounting to 95,000.00. Issue: Whether or not the unpaid rentals should be judicially compensated with the expenses incurred by the Plaintiffs? Held: Petition Dismissed. In order that compensation to take place two persons, in their own right, should be creditors and debtors of each other. In order for compensation to be proper, it is necessary that: 1. 2. 3. 4. 5.
Each one of the obligors be bound principally and that he be at the same time a principal creditor of the other; Both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; The two debts are due: The debts are liquidated and demandable; Over neither of them be any retention or controversy, commenced by third parties and communicated in due time to the debtor.
The Petitioners failed to properly discharge their burden to show that the debts are liquidated and demandable. A claim is liquidated when the amount and time of payment is fixed. If acknowledged by the debtor, although not in writing, the claim must be treated as liquidated. When the defendant, who has an unliquidated claim, sets it up by way of counterclaim, and a judgment is rendered liquidating such claim, it can be compensated against the plaintiffs claim from the moment it is liquidated by judgment. Compensation takes place only if both obligations are liquidated.
G.R. No. 171925
July 23, 2010
SOLIDBANK CORPORATION, Petitioner, vs. PERMANENT HOMES, INCORPORATED, Respondent. FACTS: The Respondent, Permanent Homes Inc. is a real estate development company that applied and was granted an Omnibus Line credit facility in the Solidbank to finance its housing project known as Buena Vida Townhomes in the amount of sixty million pesos. Of the sixty million available to Permanent Homes, it availed of a total of 41.5 million pesos, covered by three (3) promissory notes wherein it irrevocably authorized Solidbank to increase or decrease at any time the interest rate based on the prevailing rates in the local or international capital markets. The adjustment of the interest rates shall be effective from the date indicated in the written notice or if no date was indicated the time the notice was sent. If Permanent Homes disagrees with the interest rate adjustment, they shall prepay all amounts due within thirty (30) days, from the receipt of the written notice. Otherwise, they shall be considered to have given their consent to the interest rate adjustment. Contrary to the stipulations indicated indicated in the promissory note. There was a standing agreement by both parties that any increase or decrease in the interest rates shall be subject to the mutual agreement agreement of the parties. There were three loan availments availments done, each with with a series of increases and decreases in the i nterest rates as the provisions of the promissory note stipulated. It is now the contention of Permanent Homes that Solidbank unilaterally and arbitrarily accelerated the interest rates without any declared basis of such increases, of which Permanent Homes did not agree to or been informed of. That this was contrary to their standing agreement that any interest rate changes will be subject to mutual agreement of the parties. They aver that they could not protest the actions of the Bank for fear that it would cut off their credit facility. Solidbank, on the other hand, avers that Permanent Homes has no cause of action against it, as the aforementioned pertinent provisions of the Omnibus Credit Line and the promissory notes stipulated and agreed to and duly signed by PERMANENT HOMES. Thus, in accordance with said provisions, SOLIDBANK was authorized to, upon due notice, periodically adjust the interest rates on PERMANENT HOMES loan availments during the monthly interest repricing dates, depending on the changes in prevailing interest rates in the local and international capital markets. ISSUE: Whether or not the interest rate repricing of Solidbank in the course of the loan valid? HELD: The Supreme Court held that the repricing of the interest rates were VALID. The validity of the actions of the bank are (1) the parties mutually agreed on said stipulations; (2) repricing takes effect only upon Solidbanks written notice to Permanent of the new interest rate; and (3) Permanent has the option to prepay its loan if Permanent and Solidbank do not agree on the new interest rate. The interest rates implemented implemented by Solidbank were consistent with prevailing rates in the local or international capital markets. In order that obligations arising from contracts may have the force of law between the parties, there must be a mutuality between the parties based on their essential equality. A contract containing a condition which makes its fulfillment dependent exclusively upon the uncontrolled will of one of the contracting parties is void. There was no showing that either Solidbank or Permanent coerced each other to enter into the loan agreements. The terms of the Omnibus Line Agreement and the promissory notes were mutually and freely agreed upon by the parties.
ANAMER SALAZAR, vs. J.Y. BROTHERS MARKETING CORPORATION G.R. No. 171998, October 20, 2010 FACTS: Anamer Salazar a freelance sales agent, was approached by Isagani Calleja and Jess Kallos and asked if she knew a supplier of rice. Salazar then accompanied accompanied the two to J.Y. Brothers Marketing Marketing Corporation (J.Y. Bros.) a corporation known to be in the business of selling sugar and rice and other commodities. Calleja and Kallos with Salazar procured 300 cavans of rice worth 214,000. 214,000. The payment was with a Prudential Bank check issued by Nena Timario and with the assurance assurance of Salazar that it was as good as cash. J.Y. Bros. parted with 300 300 cavans of rice. However upon presentment, presentment, the check was dishonoured the the reason was due to Closed Account. J.Y. Bros. then informed Salazar, Calleja and Kallos of the state of the check and they issued a replacement a cross Solid Bank Check in the same amount but it bounced due to Insufficient Funds Despite the demand letter issued by J.Y. J.Y. Bros. Salazar could not settle settle the amount due. This prompted J.Y. Bros. to charge Salazar and Timario with the crime of estafa before the Regional Trial Court (RTC) of Legazpi City. The decision of RTC was to acquit Salazar of the crime she was charged but held her liable for the payment of the 300 bags of rice. Aggrieved she appealed to the Supreme Court which granted granted her prayer to reconsider the civil aspect of the case and allow her to present evidence. The RTC dismissed the civil aspect of Salazar. It found that the first check drawn by Timario was payable payable to the order of J.Y. Bros and that that it was negotiable order order instrument and that that Salazar only endorsed endorsed and negotiated the check, so it must not produce the technical effect of an indorsement arising from negotiation. The Prudential Bank check was a negotiable check, and it bounced, so it was replaced by a non-negotiable crossed Solid Bank check. A that a negotiable check being replaced by a non-negotiable one has the effect of discharging from the obligation whoever may be the endorser of the negotiable negotiable check. The RTC adjudicated that there there was Novation, and the ultimate effect of such substitution was to extingui sh the obligation arising from the issuance of the Prudential Bank check. J.Y. Bros. appealed to CA and it reversed reversed RTCs decision. CA ordered Salazar Salazar to pay the amount. ISSUE: Whether or not the acceptance of the Solid Bank check by the J.Y. Bros amounted to novation? HELD: Petition Denied Novation is done by the substitution or change of the obligation by a subsequent one which extinguishes the first, either by changing the object or principal conditions or substituting the person of the debtor or by subrogating a third person in the rights of the creditor. It may either be Extinctive or Modificatory, much being dependent on the nature of the change and the intention of the parties. Extinctive Novation is never presumed, there must be an express intention to novate; if it is implied, the acts of the parties must clearly demonstrate their intent to dissolve the old obligation as the moving consideration for the emergence of the new one. Implied novation necessitates that the incompatibility between the old and new obligation be total on every point such that the old obligation is completely superceded by the new one. The test of incompatibility is whether they can stand together, each one having an independent existence; if they cannot and are irreconcilable, the subsequent obligation would also extinguish the first. An extinctive novation would thus have the twin effects of, first , extinguishing an existing obligation and, second , creating a new one in its stead. This kind of novation presupposes a confluence of four essential requisites: (1) a previous valid obligation, (2) an agreement of all parties concerned to a new contract, (3) the extinguishment of the old obligation, and (4) the birth of a valid new obligation. Novation is merely modificatory where the change brought about by any subsequent agreement is merely incidental to the main obligation (e.g., a
change in interest rates or an extension of time to pay; in this instance, the new agreement will not have the effect of extinguishing the first but would merely supplement it or supplant some but not all of i ts provisions.) The obligation to pay a sum of money is not novated by an instrument that expressly recognizes the old, changes only the terms of payment, adds other obligations not incompatible with the old ones or the new contract merely supplements the old one. There are only two ways which indicate the presence of novation and thereby produce the effect of extinguishing an obligation by another which substitutes the same. First, novation must be explicitly stated and declared in unequivocal terms as novation is never presumed. Secondly, the old and the new obligations must be incompatible on every point.1avvphi Novation speaks of two distinct obligations, this is inapplicable in this case. In this case, respondents acceptance of the Solid Bank check, which replaced the dishonored Prudential Bank check, did not result to novation as there was no express agreement to establish that petitioner was already discharged from his liability to pay respondent the amount of P214,000.00 as payment for the 300 bags of rice. As we said, novation is never presumed, there must be an express intention to novate. In fact, when the Solid Bank check was delivered to respondent, the same was also indorsed by petitioner which shows petitioners recognition of the existing obligation to respondent to pay P214,000.00 subject of the replaced Prudential Bank check.
VITARICH CORPORATION vs. CHONA LOSIN G.R. No. 181560, November 15, 2010 FACTS: Respondent Chona Losin (Losin) is the owner of Glamour Chicken House. Her supplier for poultry meat was Vitarich the Petitioner. As her account was transferred to Vitarich branch in Gen. Santos. Losins poultry needs were serviced through Rodrifo Directo and Allan Rosa both salesmen and authorized collectors of Vitarich, and Arnold Baybay (Baybay), a supervisor of said corporation. Unfortunately, her account started to experience problems Directo had been delivering stocks to her even without prior booking which was the customary process of doing business with her. Directo was terminated by Vitarich and Rosa and Baybay resigned. They also left without turning over invoices covering Losins account. Demand letters were sent to Losin covering her unpaid amounts but when she checked her records, she discovered that here was an overpayment to Vitarich. She relayed this to Vitarich and said that she issued checks that were collected by Directo. It appeared that 3 checks issued by Losin were dishonored because of either for reasons Drawn Against Insufficient Funds (DAIF) or Stop Payment. Vitarich filed a complaint in RTC General Santos City and it held in favor of Vitarich. Losin then appealed to the CA and judged in favor of Losin. Citing Article 2180 as basis. Employers shall be liable for the damages caused by their employees... acting within the scope of their assigned tasks. It was for the reason that Directo was known to Losin as an agent and authorized collector of Vitarich, so she paid in good faith to him. Criminal acts done by Vitarichs agent (Directo) has a separate accountability and must not be imputed to their client (Losin). Also, Losin was not duly notified of Directos termination so she acted in good faith. CA also said that Vitarich has the burden of proof, but they failed to prove that the goods were delivered to and received by Losin. Because of the unfavorable judgment, Vitarich went to SC for a petition for review. ISSUE: Whether or not Losin is liable to V itarich? HELD: Yes Losin is clearly liable to Vitarich. As a general rule, one who pleads payment has the burden of proving it. In Jimenez v . NLRC , the Court ruled that the burden rests on the debtor to prove payment, rather than on the creditor to prove non-payment. The debtor has the burden of showing with legal certainty that the obligation has been discharged by payment. Losin failed to present a single official receipt to prove payment. This is contrary to the well-settled rule that a receipt, which is a written and signed acknowledgment that money and goods have been delivered, is the best evidence of the fact of payment although not exclusive. All she presented were copies of the list of checks allegedly issued to Vitarich through its agent Directo, a Statement of Payments Made to Vitarich and apparently copies of the pertinent history of her checking account with Rizal Commercial Banking Corporation ( RC BC ). At best, these may only serve as documentary records of her business dealings wi th Vitarich to keep track of the payments made but these are not enough to prove payment. Citing Article 1249 (2) of the Civil Code The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. No cash payment was proved. It was neither confirmed that the checks issued by Losin were actually encashed by Vitarich. Thus, the Court cannot consider that payment, much less overpayment, made by Losin. She was only liable to Vitarich to those purchases that were proven to be delivered and received by her or her representative.
LAND BANK OF THE PHILIPPINES, petitioner, vs. ALFREDO ONG, respondent. G.R. No. 190755. November 24, 2010. Facts: Spouses Johnson and Evangeline Sy secured a loan from the Land Bank of Legazpi City in the amount of 16 million pesos. The Spouses could no longer pay their loan. They sold 3 mortgaged parcels of land to Evengelines mother under a Deed of Sale with Assumption of Mortgage. Evangeline's father, the petitioner Alfredo Ong, then went to Land Bank to report the sale and assumption of mortgage. The Branch Head Atty. Edna Hingco, , told Alfredo and his counsel Atty. Ireneo de Lumen that there was nothing wrong with the agreement with the Spouses Sy, and pr ovided them with requirements for the assumption of mortgage. She informed Alfredo that he should pay part of the principal which was computed at PhP750,000 and to update due or accrued interests on the promissory notes so that she could easily approve the assumption of mortgage. After two weeks, Alfredo issued a check for PhP750,000 and personally gave it to Atty. Hingco. A receipt was then issued for his payment. Atty. Hingco then informed Alfredo that the certificate of title of the Spouses Sy would be transferred in his name but this never materialized and no notice of transfer was sent to him. Alfredo later found out that his application for assumption of mortgage was not approved by the Bank. The bank learned from its credit investigation report that the Ongs had a real estate mortgage in the amount of PhP18,300,000 with another bank and it was past due. Alfredo claimed that this was fully paid later on. Land Bank foreclosed the mortgage of the Spouses Sy after several months. Alfredo only learned of the foreclosure when he saw the subject mortgage properties included in a Notice of Foreclosure of Mortgage and Auction Sale at the RTC in Tabaco, Albay. Alfredo then initiated an action for recovery of sum of money with damages against Land Bank. Alfredo maintained that Land Bank's foreclosure without informing him of the denial of his assumption of the mortgage was done in bad faith. The RTC and CA held that the payment was not for the arrears but for the approval of his assumption of mortgage. Issue: Whether or not Article 1236 does not apply and is there novation in the instant case? Held: Art. 1236 of the Civil Code The creditor i s not bound to accept payment or performance by a third person who has no interest in the fulfilment of the obligation, unless there is a stipulation to the contrary. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. Land Bank was not bound to accept Alfredos payment, as he did not have an interest in the payment of the loan of the Spouses Sy. He made a conditional payment so that the properties subject of the Deed of Sale with Assumption of Mortgage would be titled in his name. Land Bank required Alfredo to make payment before his assumption of mortgage would be approved. He was informed that the certificate of title would be transferred accordingly. He, thus, made payment not as a debtor but as a prospective mortgagor. The Second paragraph of 1236 does not apply Alfredo made the payment for his own interest and not on behalf of the Spouses Sy, recourse is not against the latter. There is no Novation in this case, Not all the elements of novation were present. Novation must be expressly consented to. Moreover, the conflicting intention and acts of the parties underscore the absence of any express disclosure or circumstances with which to deduce a clear and unequivocal intent by the parties to novate the old agreement.
Novation may be Extinctive or Modificatory. It is extinctive when an old obligation is terminated by the creation of a new obligation that takes the place of the former; it is merely modificatory when the old obligation subsists to the extent it remains compatible with the amendatory agreement. An extinctive novation results either by changing the object or principal conditions (objective or real), or by substituting the person of the debtor or subrogating a third person in the rights of the creditor (subjective or personal). Under this mode, novation would have dual functions one to extinguish an existing obligation, the other to substitute a new one in its place requiring a conflux of four essential requisites: (1) a previous valid obligation; (2) an agreement of all parties concerned to a new contract; (3) the extinguishment of the old obligation; and (4) the birth of a valid new obligation.
TRADERS ROYAL BANK, petitioner, vs. NORBERTO CASTAÑARES and MILAGROS CASTAÑARES, respondents. G.R. No. 172020. December 6, 2010. Facts: Respondent-spouses Norberto and Milagros Castañares are engaged in the business of exporting shell crafts and other handicrafts. The Respondents obtained from petitioner Traders Royal Bank various loans and credit accommodations. Respondents executed two real estate mortgages (REMs) covering their properties evidenced by Promissory Notes. The petitioner only released the amount of P35,000.00 although the mortgage deeds indicated the principal amounts as P86,000.00 and P60,000.00. For failure of the respondents to pay their outstanding loans with petitioner, the latter proceeded with the extrajudicial foreclosure of the real estate mortgages. The trial court found that despite respondents insistence that the REM covered only a separate loan forP86,000.00 which they believed petitioner committed to lend them, the evidence clearly shows that said REM was constituted as security for all the promissory notes The CA held that the RTC overlooked the fact that there were no adequate evidence presented to prove that petitioner released in full to the respondents the proceeds of the REM loan the appellate court declared that where there was failure of the mortgagee bank to deliver the consideration for which the mortgage was executed, the contract of loan was invalid and consequently the accessory contract of mortgage is likewise null and void. Because only 35,000.00 out of the P86,000.00 stated in the REM was released by Traders Royal Bank and that the REM was valid only to that extent.
Issue: Whether or not the CA erred in holding that the real estate mortgage dated 18 april 1977 is valid only in part to the extent of php35,000.00 which is allegedly the amount proved to have been actually released to respondents out of the sum of php86,000.00? Held: Because of the dragnet clause or Blanket mortgage clause that would subsume all debts of past and future origins. It has been held as a valid and legal undertaking, the amounts specified as consideration in the contracts do not limit the amount for which the pledge or mortgage stands as security, if from the four corners of the instrument, the intent to secure future and other indebtedness can be gathered. A pledge or mortgage given to secure future advancements is a continuing security and is not discharged by the repayment of the amount named in the mortgage until the full amount of all advancements shall have been paid. A "dragnet clause" operates as a convenience and accommodation to the borrowers as it makes available additional funds without their having to execute additional security documents, thereby saving time, travel, loan closing costs, costs of extra legal services, recording fees, et cetera. While a real estate mortgage may exceptionally secure future loans or advancements, these future debts must be sufficiently described in the mortgage contract. An obligation is not secured by a mortgage unless it comes fairly within the terms of the mortgage contract. The REMs shows that its terms are broad enough to cover packing credits and export advances granted by the petitioner to respondents. That the respondents subsequently availed of letters of credit and export advances in various amounts as reflected in the promissory notes, buttressed the claim of petitioner that the amounts of P86,000.00 and P60,000.00 stated in the REMs merely represent the maximum total loans which will be secured by the mortgage.
KOREAN AIR CO., LTD. and SUK KYOO KIM, Petitioners vs. ADELINA A.S. YUSON, Respondent. G.R. No. 170369, June 16, 2010 Facts: Korean Air Co., Ltd. (Korean Air) hired Adelina Yuson (Yuson) as reservations agent, Subsequently she was promoted to Passenger Sales Manger. Korean Air suffered a net loss of over $367,000,000. Consequently, Korean Air reduced its budget for 2001 by 10 percent. In order to cut costs, Korean Air offered its employees an early retirement program (ERP). Yuson accepted the offer for early retirement. Suk informed Yuson that she was excluded from the ERP because she was retiring on 8 January 2002. Explaining the exclusion as it was for staffs upon discretion of management who still have long years left with the company before reaching retirement age. Yuson claimed that her exclusion was discriminatory and requested Korean Air perform its obligation arising out of a Contract legally perfected with their Offer of ERP. It was denied by Korean Air. She reiterated her claim in that Korean Airs offer for early retirement and her acceptance of the offer constituted a perfected contract. The Court of Appeals held that Yuson could claim benefits because the because "the offer was certain and the acceptance is absolute; hence, there is a valid contract pursuant to the last paragraph of Article 1315 of the New Civil Code Issue: Whether or not the ERP that Korean Air offered to its employees and Yusons acceptance constitutes a valid contract? (Art.1315) Held: No, citing Art. 1319 of the Civil Code That the offer must be certain and acceptance absolute. An offer is a unilateral proposition made by one party to another for the celebration of a contract. For an offer to be certain, a contract must come into existence by the mere acceptance of the offeree without any further act on the offerors part. The offer must be definite, complete and intentional.
In the present case, the offer is not certain: (1) the 21 August 2001 memorandum clearly states that, "MNLSM Management, on its discretion, is hereby offering the said early retirement program to its staff"; (2) applications for the ERP were forwarded to the head office for approval, and further acts on the offerors part were necessary before the contract could come into existence; and (3) the 21 August 2001 memorandum clearly states Korean Airs intention, which was, "to prevent further losses." Korean Air could not have intended to ministerially approve all applications for the ERP.
METROPOLITAN BANK AND TRUST COMPANY, PETITIONER, VS. EDGARDO D. VIRAY, RESPONDENT. G.R. No. 162218
February 25, 2010
FACTS: Rico Shipping, Inc., represented by its President, Erlinda Viray-Jarque, together with respondent Viray, in their own personal capacity and as solidary obligors (the three parties collectively known as the debtors), Obtained two separate loans from Metropolitan Bank and Trust Company (MBTC) in the total amount of P250,000. A promissory note was executed promising payment in four semi-annual installments of P62,500. The two loans were subsequently renewed and secured by one promissory note. The debtors made a total payment of P134,054 leaving a balance of P115,946 which remained unpaid despite demands by MBTC. The debtors loaned obtained two more loans from MBTC which subsequently went unpaid. The Regional Trial Court (RTC) rendered judgment in favor of MBTC ordering the debtors to pay the money owed. On 29 December 1982, the government issued Free Patents in favor of Viray over three parcels of land. The Original Certificate of Title containing the free patents were registered with the Registry of Deeds of Cagayan de Oro City. The RTC of Manila issued a writ of execution over the lots owned by Viray. Pursuant to the writ of execution, the City Sheriff of Cagayan de Oro sold the lots at public auction in favor of MBTC as the winning bidder and issued a Certificate of Sale to MBTC. Viray filed an action for annulment of sale against the sheriff and MBTC with the RTC of Cagayan de Oro City. Viray sought the declaration of nullity of the execution sale, the sheriffs certificate of sale, the sheriffs deed of final conveyance and the TCT's issued by the Register of Deeds. The RTC of Cagayan de Oro City rendered its decision in favor of MBTC. Viray filed an appeal with the CA alleging that the RTC of Cagayan de Oro City committed reversible error in ruling solely on the issue of redemption instead of the issue of validity of the auction sale, being the l is mot a of the action. The appellate court reversed the decision of the RTC of Cagayan de Oro City. The CA ruled that the auction sale conducted by the sheriff was null and void ab initio since the sale was made during the five-year prohibition period in violation of Section 118 of Commonwealth Act No. 141 (CA 141) or the Public Land Act. ISSUE: Whether or not the auction sale falls within the five-year prohibition period laid down in Section 118 of CA 141. Held: Section 118 of CA 141 states: Except in favor of the Government or any of its branches, units, or instruction, lands acquired under free patent or homestead provisions shall not be subject to e ncumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent and grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period, but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. No alienation, transfer, or conveyance of any homestead after five years and before twenty-five years after issuance of title shall be valid without the approval of the Secretary of Agriculture and Natural Resources, which approval shall not be denied except on constitutional and legal grounds.
Yes, the auction sale falls within the five-year prohibition period laid down in Section 118 of CA 141. The law clearly provides that lands which have been acquired under free patent or homestead shall not be encumbered or alienated within five years from the date of issuance of the patent or be liable for the satisfaction of any debt contracted prior to the expiration of the period. In the present case, the three loans were obtained on separate or several years before the free patents on the lots were issued by the government to respondent on 29 December 1982. The RTC of Manila, in a Decision, ruled in favor of petitioner ordering the debtors, including respondent, to pay jointly and severally certain amounts of money. The public auction conducted by the sheriff on the lots owned by respondent occurred on 12 October 1984. The execution sale of the lots occurred less than two years after the date of the issuance of the patents. This clearly falls within the five-year prohibition period provided in the law, regardless of the dates when the loans were incurred. A civil obligation cannot be enforced against, or satisfied out of, the sale of the homestead lot acquired by the patentee less than five years before the obligation accrued even if the sale is involuntary. For purposes of complying with the law, it is immaterial that the satisfaction of the debt by the encumbrance or alienation of the land grant was made voluntarily, as in the case of an ordinary sale, or involuntarily, such as that effected through levy on the property and consequent sale at public auction. In both instances, the law would have been violated. It must be emphasized that the main purpose in the grant of a free patent or homestead is to preserve and keep in the family of the homesteader that portion of public land which the State has given to him so he may have a place to live with his family and become a happy citizen and a useful member of the society. Section 118 of CA 141, therefore, is predicated on public policy. Its violation gives rise to the cancellation of the grant and the reversion of the land and its improvements to the government at the instance of the latter. The provision that nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of the five-year period is mandatory and any sale made in violation of such provision is void and produces no effect whatsoever, just like what transpired in this case. Clearly, it is not within the competence of any citizen to barter away what public policy by law seeks to preserve. The Supreme Court denied the petition and affirmed the Decision of the Court of Appeals.
Enrico S. Eulogio Petitioner vs. Spouses Clemente Apeles and Luz Apeles Respondents G. R. No. 167884 January 20, 2009 FACTS: The Spouses Apeles leased a property to Arturo Eulogio (Arturo). When Arturo died, his son Enrico succeeded as lessor of the subject property. He entered into a contract of lease with an option to purchase with the spouses. It is stipulated in the contract that the LESSOR (Enrico) has an option to buy the subject house and lot within three years and that the monthly rentals paid by him during the 3-year lease period will just be deducted from the purchase price agreed upon by them. There is also a stipulation that if Enrico gives an oral or written notice to the spouses before the expiration of the 3-year lessee period, then the latter shall proceed with the execution of the contract by selling, transferring and conveying the said property to Enrico. Before the 3-year lease period expires. Enrico decided to exercise his option to purchase the subject property by giving oral and written notice to the respondents. Unfortunately, spouses Apeles ignored his manifestations. Enrico Eulogio then instituted a Complaint for Specific Performance with Damages against the spouses Apeles. His cause of action is based on par. 5 of their Contract of Lease with Option to Purchase vesting him the right to acquire ownership of the subject property after paying the agreed amount of consideration. Enrico contended that Luz Apeles voluntarily signed their contract of lease and therefore the property should be transferred to him. On the other hand, Luz Apeles denied that she signed the contract. According to Luz Apeles, it was impossible for her to sign the contract because she was in the United States of America that time and that her signature thereon was just forged. The RTC ruled in favor of Enrico and ordered them to comply with the provisions of the Contract. The Court of Appeals noted that the Notary Public did not observe utmost care in certifying the due execution of the Contract of Lease with Option to Purchase. The Court of Appeals chose not to accord the disputed Contract full faith and credence.
ISSUE: Whether or not Enrico can compel the spouses Apeles to execute the Deed of Sale over the subject property in his favor.
HELD: No. The Supreme Court held that Enrico Eulogio can not compel the spouses Apeles to execute the Deed of Sale in his favor. While it is true that a notarized document carries the evidentiary weight conferred upon it with respect to its due execution, and has in its favor the presumption of regularity, this presumption, however, is not absolute. It may be rebutted by clear and convincing evidence to the contrary. In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. Preponderance of evidence is the weight, credit, and value of the aggregate evidence on ei ther side and is usually considered to be synonymous with the term "greater weight of the evidence" or "greater weight of the credible evidence." Preponderance of evidence is a phrase which, in the last analysis, means probability of the truth. It is evidence which is more convincing to the court as worthier of belief than that which is offered in opposition thereto. In the case at bar, the spouses Apeles were able to prove beyond preponderant evidence the invalidity of the Contract of Lease with Option to Purchase. While Enrico just relied on his own self-serving testimonies, without
asserting any proof of collaborating testimony or circumstantial evidence to support his claim. This i s considered as an option contract. It is a contract by which the owner of the property agrees with another person that the latter shall have the right to buy the formers property at a fixed price within a certain time. It is not a sale of property but a sale of right to purchase. In order for an option contract to be valid, there must be a separate and distinct consideration that supports it. In the present case, it is definite that Enrico gave no consideration to the spouses for the option contract. The absence of monetary or any material consideration keeps this court from enforcing the rights of the parties under said option contract. An option is a contract by which the owner of the property agrees with another person that the latter shall have the right to buy the formers property at a fixed price within a certain time. It is a condition offered or contract by which the owner stipulates with another that the latter shall have the right to buy the property at a fixed price within a certain time, or under, or in compliance with certain terms and conditions; or which gives to the owner of the property the right to sell or demand a sale An option is not of itself a purchase, but merely secures the privilege to buy. It is not a sale of property but a sale of the right to purchase. It is simply a contract by which the owner of the property agrees with another person that he shall have the right to buy his property at a fixed price within a certain time. He does not sell his land; he does not then agree to sell it; but he does sell something, i.e., the right or privilege to buy at the election or option of the other party. Its distinguishing characteristic is that it imposes no binding obligation on the person holding the option, aside from the consideration for the offer.
SEBASTIAN SIGA-AN, Petitioner, vs. ALICIA V ILLANUEVA, Respondent. G.R. No. 173227 / January 20, 2009 Facts Alicia Villanueva (respondent) borrowed money from the Sebastian Siga-An (Petitioner) in the amount of 540,000. The loan agreement was not written and there was no stipulation as to the payment of interest for the loan. She issued a check for 500,000 as partial payment of the loan and a 200,000 check as payment for the remaining balance. Since she paid more than the amount of the loan the excess amount applied as interest. The petitioner was still not satisfied with the interest of the loan threatened to block or disapprove her transactions in the Philippine Navy Office (PNO), she paid additional amounts of cash and checks as interests for the loan. There was no receipt given to her the reason was that there was mutual trust and confidence between them. The Total amount she paid was 1,200,000. The petitioner said that respondent requested him to restructure the payment of the second loan as she could not give full payment to the loan. As per their agreement, respondent gave petitioner several post dated checks to guarantee payment of the obligation. Respondent admitted that she borrowed an amount of 1,240,000 inclusive of interest. He presented the checks for encashment but only one check was honoured. He then proceeded to file a criminal case for violation of B.P. 22 (Bouncing checks Law) when respondent failed to settle her account. The Petitioner insists that that there was no overpayment because the respondent admitted in the promissory note that that her monetary obligation was 1,240,000 inclusive of interest. The RTC held that there was overpayment of the loan and that the respondent should refund to her the excess amount. That the respondents obligation was only to pay 540,000 and that the interest should not be included as there was no agreement between them. It concluded that the excess payment should be returned pursuant to the principle of solutio indebiti. Issue: Whether or not there is interest payment due to the petitioner? Whether or not the principle of Solutio Indebiti applies in this case? Held: Article 1956 of the Civil Code, which refers to monetary interest, specifically mandates that no interest shall be due unless it has been expressly stipulated in writing. As can be gleaned from the foregoing provision, payment of monetary interest is allowed only if: (1) there was an express stipulation for the payment of interest; and (2) the agreement for the payment of interest was reduced in writing. The concurrence of the two conditions is required for the payment of monetary interest. Thus, we have held that collection of interest without any stipulation therefor in writing is prohibited by law 1. No. Respondent did not categorically declare in the same case that she and respondent made an ex press stipulation in writing as regards payment of interest at the rate of 7%. As earlier discussed, monetary interest is due only if there was an ex press stipulation in writing for the payment of interest. Under Article 1960 of the Civil Code, if the borrower of loan pays interest when there has been no stipulation therefor, the provisions of the Civil Code concerning solutio indebiti shall be applied. Article 2154 of the Civil Code explains the principle of solutio indebiti . Said provision provides that if something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. In such a case, a creditor-debtor relationship is created under a quasi-contract whereby the payor becomes the creditor who then
has the right to demand the return of payment made by mistake, and the person who has no right to receive such payment becomes obligated to return the same. The quasi-contract of solutio indebiti harks back to the ancient principle that no one shall enrich himself unjustly at the expense of another. The principle of solutio indebiti applies where (1) a payment is made when there exists no binding relation between the payor, who has no duty to pay, and the person who received the payment; and (2) the payment is made through mistake, and not through liberality or some other cause. We have held that the principle of solutio indebiti applies in case of erroneous payment of undue interest. 2. Yes, it applies It was duly established that respondent paid interest to petitioner. Respondent was under no duty to make such payment because there was no express stipulation in writing to that effect. There was no binding relation between petitioner and respondent as regards the payment of interest. The payment was clearly a mistake. Since petitioner received something when there was no right to demand it, he has an obligation to return it.
PREMIERE DEVELOPMENT BANK VS CENTRAL SURETY & INSURANCE COMPANY, INC. G.R. No. 176246 February 13, 2009 FACTS: Respondent Central Surety & Insurance Company (Central Surety) acquired an industrial loan worth six million pesos from petitioner Premiere Development Bank, evidenced by Promissory Note. Should Central Surety fail to pay, it would be liable to Premiere Bank for: (1) unpaid interest up to maturity date; (2) unpaid penalties up to maturity date; and (3) unpaid balance of the principal. To Secure Payment for the loan Central Surety executed a Deed of Assignment with Pledge in favor of Premier Bank its proprietary share in Wack Wack and golf and country Club. Central Surety had another commercial loan with Premiere Bank worth 40,898,000.00 pesos, again by Promissory Note. To secure payment of the loan they were secured a real estate mortgage over a Condominium Certificate. This was availed through a renewal of Central Suretys prior loan. It was stipulated in the contract that Premiere Bank as creditor would have the right to decide to which the payment would be applied, and that there is no need for an express demand from the creditor to make the obligations due and demandable. Central Surety issued a check worth 6,000,000.00 pesos and payable to Premiere Bank. However, the latter returned such check and sent a letter, as part of a normal bank procedure, demanding payment and threatening foreclosure of Central Suretys securities, the pledge and real estate mortgage, should it fail to pay within ten days from date of receipt. This was alleged by the latter to be an act of waiving Premiere Banks right to apply payments. Central Surety moves for the release of the Wack Wack Membership pledge for their supposed paid loan. The lower court ruled in favor of Premiere Bank, while the Court of Appeals reversed the prior decision of the lower court. ISSUE: (1) Whether or not Premiere Bank waived its right of application of payments on the loans of Central Surety; (2) Whether the release of the Wack Wack Membership pledge is in order. HELD: (1) No. Relevant to the case is the statutory provision on application of payments, particularly Article 1252 of the Civil Code. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. xxx The debtors right to apply payment is only directory, and not mandatory, as manifested by the use of the word may. Such right may be waived or even granted to the creditor if both parties agree on such circumstance. In the instant case, it was stipulated in the contract that the right to apply payments would be enjoyed by the Premiere Bank. It cannot be understood that such granted right was waived by Premiere Bank. As all debts were already due, the subsequent demand made by Premiere Bank cannot be equated with a waiver of the right to demand payment of all the matured obligations of Central Surety to Premiere Bank. The Court also recognized the standard practice in commercial transactions to send demand letters before default may set in. The demand cannot be considered a waiver for a waiver must be positively demonstrated, and voluntary, made knowingly, intelligently and with sufficient awareness of relevant circumstances and likely consequences. Also any inference of a waiver made by Premiere Bank is denied by the provision of the Promissory Note that no failure on the part of Premiere Bank to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof. When Central Surety issued a check as payment to Premiere Bank, it knew very well that it had several loans which granted Premiere Bank the right to apply its payment. (2) No. Considering that the parties are bound by a contract of adhesion, where Central Surety imposed a readymade contract on Premiere Bank, the latter had freedom to r eject or adhere to the contract. Central Surety, being a well-established personality, would also not be considered as a disadvantaged party. The contract between the parties falls on the dragnet clause, which is one specifically phrased to subsume all debts of past and future
origins. The security clause in the instant case is that of a continuing pledge, wherein the Wack Wack Membership served as security for the standing obligation, also for future advancements. Such security worth 15,000,000.00 pesos was clearly worth more than the industrial loan worth 6,000,000.00 pesos, which was understood to secure the ballooning debt of the Central Surety. As all demandable obligations are yet to be fulfilled, the release of the Wack Wack membership as security cannot yet to be done as pr ayed for by Central Surety. Wherefore, the instant petition is partially granted. The decision of the Court of Appeals is set aside and the decision of the Regional Trial Court of Makati is reinstated with modification.
UNITED PLANTERS SUGAR MILLING CO., INC. VS COURT OF APPEALS G.R. No. 126890, April 2, 2009 FACTS: Petitioner United Planters Sugar Milling Co., Inc. (UPSUMCO) obtained 2.1 billion pesos as take-off loans from the respondent Philippine National Bank (PNB), secured by a real estate mortgage over two parcels of land where the milling plant is located and chattel mortgages over the machineries and equipment. Another loan called operational loans was obtained by UPSUMCO, allotted for the financing of the sugar mill enterprises operation. Subsequently, it defaults. Philippine National Bank then assigned the credit to respondent Asset and Privatization Trust (APT). APT forecloses on the mortgaged assets which were sold for .45 billion pesos, leaving a balance of 1.6 billion pesos. The balance was condoned by APT upon UPSUMCO's agreement to abandon its right to redeem the mortgaged assets. Even with this condonation, PNB proceeded to offset the funds of UPSUMCO, amounting to roughly 90 million pesos. Petitioner UPSUMCO holds that this was invalid, as APT had already condoned the debt or obligation. However, PNB insisted on its validity, claiming that it was proper because: (1) it was an exercise of its right as a 3rd party, who was paying on behalf of the debtor (that is entitled to be reimbursement in so far as the payment has redounded to the benefit of the debtor); and (2) the debt or the Deed of Assignment had not yet been condoned since it was only the take off loans and not the operational loans, which were allegedly not assigned to APT, that had been actually condoned in the agreement. ISSUE: (1) Whether or not PNB has the right over the offsetting of the money of UPSUMCO as well as the compensation in relation to the Deed of Assignment; (2) Whether or not operational loans may be included in the condonation of Deed of Assignment. HELD: decision of the Court of Appeals is reinstated (1) No. The Supreme Court held that PNB did not have a right to offset the funds of UPSUMCO. PNB could not compensate since it was merely an agent and not a principal creditor in the loan, which is required for compensation, as provided in Articles 1278 and 1279 of the Civil Code. According to Article 1278, Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. In relation to the proper parties to a compensation, Article 1279 provides that In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other xxx. Also, PNB could not claim the compensation as reimbursement for the payments it made to APT, since it did not have the consent of UPSUMCO. PNB may not claim the compensation also since the payments did not redound to the benefit of UPSUMCO. The debt to which these were applied to had been remitted by APT. (2) Yes. As to the issue regarding the takeoff loan and the operational loan, PNB was silent and did not even show any proof to bolster its claims that the operational loans were still outstanding. That it was only the takeoff loans that had been condoned convinces the Court that these had already been also included in the condonation. Thus UPSUMCO must be given a refund for the mistakenly offsetting of its money. It is emphasized by the Court that the amount claimed by APT by way of counterclaim is over and beyond what it can possibly be entitled to, as it is clear that the take-off loans were actually condoned. Because it was not evident from the voluminous records what the outstanding balance of the operational loans UPSUMCOs bank accounts were debited, the remand ordered by the Court of Appeals is ultimately the wisest and fairest recourse.
MAKATI STOCK EXCHANGE, INC., vs. MIGUEL V. CAMPOS, G.R. No. 138814 , April 16, 2009
FACTS: Respondent Miguel V. Campos filed a petition with the Securities, Investigation and Clearing Department (SICD) of the Securities and Exchange Commission (SEC) against the petitioners Makati Stock Exchange, Inc. (MKSE) The petition sought: (1) to nullify the Resolution dated 3 June 1993 of the MKSE Board of Directors, which allegedly deprived him of his right to participate equally in the allocation of Initial Public Offerings (IPO) of corporations registered with MKSE; (2) the delivery of the IPO shares he was allegedly deprived of, for which he would pay IPO prices;. SICD granted the issuance of a Temporary Restraining Order to enjoin petitioners from implementing or enforcing the resolution of the MKSE. they also issued a writ of preliminary injunction for the implementation or enforcement of the MKSE Board Resolution in question. On March 11,1994, petitioners filed a motion to dismiss on the following grounds: (1) Petition became moot due to the cancellation of the license of the MKSE (2) The SICD had no jurisdiction over the petition and (3) the petition failed to state a cause of action. However, the SICD denied petitioners motion to dismiss. ISSUE: Whether or not the petition failed to state a cause of action. HELD: The petition filed by respondent Miguel Campos should be dismissed for failure to state a cause of action. A cause of action is the act or omission by which a party violates a right of another. It contains three essential elements: 1) the legal right of the plaintiff 2) the correlative obligation of the defendant and 3) the act or omission of the defendant in violation of said legal right. If these elements are absent, the complaint will be dismissed on the ground of failure to state a cause of action. Furthermore, the petition filed by respondent failed to lay down the source or basis of respondents right and/or petitioners obligation. Article 1157 of the Civil Code, provides that Obligations arise from: law, Contracts, Quasi Contracts, Acts or omissions punished by law and quasi delicts. Therefore an obligation imposed on a person and the corresponding right granted to another, must be rooted in at least one of these five sources. The mere assertion of a right and claim of an obligation in an initiatory pleading, whether a Complaint or Petition, without identifying the basis or source thereof, is merely a conclusion of fact and law. A pleading should state the ultimate facts essential to the rights of action or defense asserted, as distinguished from mere conclusions of fact or conclusions of law. The Respondent merely quoted in his Petition the MKSE Board Resolution, passed sometime in 1989, granting him the position of Chairman Emeritus of MKSE for life. However, there is nothing in the said Petition from which the Court can deduce that respondent, by virtue of his position as Chairman Emeritus of MKSE, was granted by law, contract, or any other legal source, the right to subscribe to the IPOs of corporations listed in the stock market at their offering prices.
Pantaleon vs American Express International G.R. No. 174269 May 8, 2009 Facts:
Polo Pantaleon (Petitioner) and his family joined an escorted tour of Western Europe. In a guided city tour in Amsterdam, Mrs. Pantaleon while she was in Coster she purchased a diamond, pendant and a chain which totalled U.S. 13,826.00. To pay for these purchases Petitioner presented an American Express card together with his passport. The sales clerk took the cards imprint, and asked Pantaleon to sign the charge slip. Ten minutes later, the store clerk informed Pantaleon that his AmexCard had not yet been approved. His son, who had already boarded the tour bus, soon returned to Coster and informed the other members of the Pantaleon family that the entire tour group was waiting for them. Pantaleon asked the store clerk to cancel the sale. The store manager though asked plaintiff to wait a few more minutes. After 15 minutes, the store manager informed Pantaleon that respondent had demanded bank references. Pantaleon supplied the names of his depositary banks, then instructed his daughter to return to the bus and apologize to the tour group for the delay. The Pantaleon family then went United States before returning to. While in the United States, Pantaleon continued to use his Amex card, several times without hassle or delay, but with two other incidents similar to the Amsterdam brouhaha. On 30 October 1991, Pantaleon purchased golf equipment amounting to US $1,475.00 using his AmEx card, but he cancelled his credit card purchase and borrowed money instead from a friend, after more than 30 minutes had transpired without the purchase having been approved. Pantaleon used the card to purchase childrens shoes worth $87.00 at a store in Boston, and it took 20 minutes before this transaction was approved by respondent. In Manila, Pantaleon sent a letter through counsel to American Express (Respondent), demanding an apology for the "inconvenience, humiliation and embarrassment he and his family thereby suffered" for respondents refusal to provide credit authorization for the aforementioned purchases. Respondent did give the apology requested. Pantaleon then instituted an action for damages with the Regional Trial Court (RTC) of Makati City, Branch 145. Pantaleon prayed that he be awarded P2,000,000.00, as moral damages; P500,000.00, as exemplary damages; P100,000.00, as attorneys fees; and P50,000.00 as litigation expense Issues: Whether or Not American Express committed mora solvendi in its obligations to Pantaleon Held: The accepted relationship between a credit card provider and its card holders is that of creditordebtor, with the card company as the creditor extending loans and credit to the card holder, who as debtor is obliged to repay the creditor. This relationship already takes exception to the general rule that as between a bank and its depositors, the bank is deemed as the debtor while the depositor is considered as the creditor. If we shift perspectives see the credit card company as the debtor/obligor, insofar as it has the obligation to the customer as creditor/obligee to act promptly on its purchases on credit. There was delay on the part of respondent in its normal role as creditor to the cardholder, such delay would not have been in the acceptance of the performance of the debtors obligation ( i.e., the repayment of the debt), but it would be delay in the extension of the credit in the first place. Such delay would not fall under mora accipiendi, which contemplates that the obligation of the debtor, such as the actual purchases on credit, has already been constituted. Herein, the establishment of the debt itself (purchases on credit of the jewelry) had not yet been perfected, as it remained pending the approval or consent of the respondent credit card company. There was an obligation on the part of respondent to act on Pantaleons purchases with "timely dispatch," or within a period significantly less than the one hour it apparently took before the purchase at Coster was finally approved.
SPOUSES JOSE T. VALENZUELA and GLORIA VALENZUELA, Petitioners, vs. KALAYAAN DEVELOPMENT & INDUSTRIAL CORPORATION, Respondent. G.R. No. 163244
June 22, 2009
FACTS: Kalayaan Development & Industrial Corporation (Kalayaan) found out that Spouses Jose and Gloria Valenzuela (Petitioners) had built their home on a land it owned, they demanded that they vacate said property. Upon negotiation, petitioners and Kalayaan entered a Contract to Sell of the subject property for P1,416,000 in twelve equal monthly instalments. The stipulation was that upon failure to pay any of said installments, petitioners would be liable for a liquidated penalty of 3% a month compounded monthly. The Petitioners were only able to pay a total of P208, 000.00. They requested Kalayaan to issue a deed of sale for 118 square meters of the lot where their house stood, arguing that since they had paid half the purchase price. Kalayaan, instead, sent two demand letters asking petitioners to pay their outstanding obligation with penalties. Gloria Valenzuelas sister, Juliet Giron, assumed the remaining balance for the 118 square meters of the subject property at P10,000.00 per month to Kalayaan, which the latter accepted in behalf of Gloria. Thereafter, Kalayaan demanded that petitioners pay their remaining outstanding obligation, but went unheeded. Kalyaan then filed a Complaint for the Rescission of Contract and Damages against petitioners. The RTC of Caloocan rendered a Decision in favor of Kalayaan, rescinding the contract between the parties and ordering petitioners to vacate the premises. Petitioners aver that the CA failed to see that the original contract between petitioners and Kalayaan was altered, changed, modified and restricted as a consequence of the change in the person of the principal debtor (Sps. Valenzuela to Juliet). Nevertheless, the CA affirmed the RTC ruling. ISSUE: Whether or not the original contract was novated and the principal obligation to pay for the remaining half of the subject property was transferred from petitioners to Juliet. HELD: No. Novation is never presumed. Novation is the extinguishment of an obligation by the substitution or change of the obligation by a subsequent one which extinguishes or modifies the first, either by changing the object or principal conditions, or by substituting another in place of the debtor, or by subrogating a third person in the rights of the creditor. Parties to a contract must expressly agree that they are abrogating their old contract in favor of a new one. In the absence of an express agreement, novation takes place only when the old and new obligations are incompatible on every point. The requisites of novation are: 1) There must be a previous valid obligation; 2) There must be an agreement of the parties concerned to a new contract; 3) There must be the extinguishment of the old contract; and 4) There must be the validity of the new contract. In the instant case, none of the requisites are present, Kalayaan never agreed to the creation of a new contract between them or Juliet. Kalayaans acceptance of the late payments made by Juliet is, an act of tolerance on the part of Kalayaan.
CECILLEVILLE REALTY AND SERVICE CORPORATION, Petitioner, vs. SPOUSES TITO ACUÑA and OFELIA B. ACUÑA, Respondents G.R. No. 162074
July 13, 2009
FACTS: The Acuña spouses obtained a loan from Prudential secured by a real estate mortgage on Cecillevilles property. The Acuña spouses defaulted on their loan, and Prudential initiated foreclosure proceedings. Cecilleville tried to annul the real estate mortgage but failed when the Court ruled that Cecilleville had ratified the re al estate mortgage. In effect, Cecilleville became a third-party accommodation mortgagor. Cecilleville paid Prudential to avoid foreclosure of its mortgaged properties. Cecilleville repeatedly asked the Acuña spouses to reimburse what it paid Prudential, but the Acuña spouses refused to do so. ISSUE: Whether or not Cecilleville are entitled to reimbursement from the defendants. HELD: Yes. Article 1236 of the Civil Code applies Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. Cecilleville clearly has an interest in the fulfillment of the obligation because it owns the properties mortgaged to secure the Acuña spouses loan. When an interested party pays the obligation, he is subrogated in the rights of the creditor. Because of its payment of the Acuña spouses loan, Cecilleville actually steps into the shoes of Prudential and becomes entitled, not only to recover what it has paid, but also to exercise all the rights which Prudential could have exercised. There is, in such cases, not a real extinguishment of the obligation, but a change in the active subject. LIMITLESS POTENTIALS, INC., Petitioners, vs. THE HON. REINATO G. QUILALA, in his capacity as Presiding Judge of th e Regional Trial Court, Branch 57, City of Makati and The ROMAN CATHOLIC ARCHBISHOP OF MANILA, Respondents
G.R. No. 157391. July 15, 2005 RCAM is the owner of advertising spaces located within the compounds of the Our Lady of Guadalupe Minor Seminary and San Carlos Seminary in Guadalupe, Makati City. RCAM, as lessor, and LPI, as lessee, entered into the following agreements for the lease of promotional areas: (a) wherein RCAM leased to LPI certain advertising spaces for 4 years at a monthly rental of P11,000.00. The rentals were subject to 15% increase every two years; and (b) an Amendment To An Agreement, pursuant to which RCAM and LPI extended the lease period for five years, with a total duration of seven years from February 1, 1990to March 1, 1997 and wherein the monthly rental was increased to PI2,000.00, subject to a 10% annual increase. On January 18, 1990, a Sublease Agreement was entered into by LPI and Astro Advertising, Inc. (Astro) in which the former sublet Lot 28-B to the latter for five years. Under the agreement, the monthly rentals were to be paid directly by Astro to the office of the RCAM. To clarify and consolidate the various agreements previously executed by RCAM and LPI, the parties entered into a Memorandum of Agreement (MOA) dated September 28, 1993, whereby they disregarded all prior contracts and considered them of no further force and effect. In the MOA, RCAM leased to LPI specific advertising spaces, including those earlier subleased to Astro, for a period of four years, at a monthly rental of P60,783.96 and subject to a 10% annual increment. When the sublease to Astro expired in February 1995, RCAM did not turn over to LPI the possession of the sublet advertising
areas. Instead, the said areas were leased to Macgraphics Carranz International Corporation (MCIC) which erected its own advertising signs thereon. In 1995, RCAM, sent a letter to LPI its delinquency in settling the rental obligations which included the rentals due from Astro. The MTC rendered a Decision declaring LPIs possession of the leased premises as lawful, but ordered the same to pay the rentals due from September 1995 until it ceased occupying the leased premises and declaring LPI made an overpayment of P344,550.33. The court further pronounced that the payments made directly to RCAM during the first period should not be credited to LPI because the latter had donated the amount to RCAM. The MTC maintained that the stipulation contained in the sublease agreement was a stipulation pour autr ui under Article 1311 of the NCC. However, the court also maintained that LPI should be credited for the payments made by Astro during the second period , after the MOA took effect, to March 1995. Finally, the MTC held that LPI was obliged to pay rentals in the amount of P414,486.50 when the complaint was filed. RCAM asserts that the Court's ruling, which directed it to deliver to LPI the possession of the areas covered by the MOA for the remaining period of the lease, is not in accord with the applicable laws and prevailing jurisprudence. It further insists that the MOA stipulated a fixed lease period which had long before expired, and that the implementation of the court's ruling would in effect create a lease relation between the parties that would commence beyond the lapse of the lease period provided for in the MOA. ISSUE: Whether or not RCAM is still obliged to deliver the premise to LPI. HELD: Yes. A lessee unlawfully evicted by the lessor is entitled to be restored to the possession of the property leased for the "unused period" of the lease contract, counted from his eviction; such "unexpired portion'' of the contract cannot be affected by the lapse of the period pending the final resolution of the complaint for ejectment filed by the lessor. It bears stressing that in a reciprocal contract, like a lease, the period of the lease must be deemed to have been agreed upon for the benefit of both parties, absent any language therein showing that the term was deliberately fixed for the benefit of either the lessor or the lessee alone. Its continuance, effectivity or fulfillment cannot be made to depend exclusively upon the free and uncontrolled choice of just one party to a lease contract. In this case, RCAM unilaterally rescinded the contract; it had the billboards of LPI on the spaces/areas leased by the latter dismantled on October 5, 1996, without wailing for the final outcome of the ejectment case. The MTC, RTC and the CA found this unilateral recission of the MOA unlawful. Indisputably, RCAM was obliged to deliver to LPI the premises which it forcibly took over on the said dale. It bears stressing that LPI had occupied the leased properly from August 1, 1993 to October 6, 1996, or only three (3) years, two months and two days. Thus, LPI is entitled to remain in the property, as lessee, for the unused portion of the four-year period provided for in the MOA. By so ruling, the Court would thereby be merely enforcing the same. As covenanted, LPI must remain in possession of the property, as lessee, for a period of four (4) years - not a day less. For the Court to do otherwise would be to enrich RCAM at the expense of LPI, allowing the former to profit by its misdeeds. Narvaez vs Alciso 594 SCRA 60
FACTS: Larry A. Ogas (Ogas) owned a parcel of land and a portion was subject to a 30-year lease agreement4 with Esso Standard Eastern, Inc. Ogas sold the property to his daughter Rose O. Alciso (Alciso). In 1979, Alciso entered into a Deed of Sale with Right to Repurchase, selling the property to Jaime Sansano (Sansano) for P10,000. Alciso later repurchased the property from Sansano and, on she entered into another Deed of Absolute Sale, this time selling the property to Celso S. Bate (Bate) for P50,000. The Deed stated that: The SELLER warrants that her title to and ownership of the property herein conveyed are free from all liens and encumbrances except those as appear on the face of the title, specifically, that lease over the said property in favor of E SSO STANDARD EASTERN, INC., the rights over which as a l essor the SELLER likewise hereby transfers in full to the buyer. Bate entered into a Deed of Sale of Realty,10 selling the property to the spouses Narvaez where they built a commercial building on the property amounting to P300,000. Alciso demanded that a stipulation be included in the 14 August 1981 Deed of Sale of Realty allowing her to repurchase the property from the Spouses Narvaez. Alciso alleged that she
informed the Spouses Narvaez that she wanted to repurchase the property. The Spouses Narvaez demanded P300,000, but Alciso was willing to pay only P150,000. Alciso and the Spouses Narvaez failed to reach an agreement on the repurchase price. ISSUE: Whether or not the spouses Narvaez were right in claiming that Alciso did not communicate her acceptance of the favor contained in the stipulation pour autr ui ; thus, she could not repurchase the property. HELD: The petition is unmeritorious. Article 1311, paragraph 2, of the Civil Code states the rule on stipulations pour autr ui : If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. A mere incidental benefit or interest of a person is not sufficient. The contracting parties must have clearly and deliberately conferred a favor upon a third person. In Limit l ess Potenti al s, Inc. v . Qui l al a, the Court laid down the requisites of a stipulation pour autr ui : All the requisites are present in the instant case: (1) there is a stipulation in favor of Alciso; (2) the stipulation is a part, not the whole, of the contract; (3) Bate and the Spouses Narvaez clearly and deliberately conferred a favor to Alciso; (4) the favor is unconditional and uncompensated; (5) Alciso communicated her acceptance of the favor before its revocation she demanded that a stipulation be included in the Deed of Sale of Realty allowing her to repurchase the property from the Spouses Narvaez, and she informed the Spouses Narvaez that she wanted to repurchase the property; and (6) Bate and the Spouses Narvaez did not represent, and were not authorized by, Alciso. Alciso had four years from 14 August 1981 to repurchase the property since there was no express agreement as to the period when the right can be exercised. Tender of payment of the repurchase price is necessary in the exercise of the right of redemption. Tender of payment is the sellers manifestation of his or her desire to repurchase the property with the offer of immediate performance. Alcisos intimation to the Spouses Narvaez that she wanted to repurchase the property was insufficient. D.B.T. MAR-BAY CONSTRUCTION, INC. vs. PANES
G.R. No. 167232 July 31, 2009
FACTS: Subject of this controversy is a parcel of land i dentified as Lot Plan Psu-123169, containing an area of Two Hundred Forty Thousand, One Hundred Forty-Six (240,146) square meters, and situated at Barangay (Brgy.) Pasong Putik, Novaliches, Quezon City. The property is included in Transfer Certificate of Title (TCT) No. 200519, entered on July 19, 1974 and issued in favor of B.C. Regalado & Co. (B.C. Regalado). It was conveyed by B.C. Regalado to petitioner D.B.T. Mar-Bay Construction, Inc. (DBT) through a dacion en pago for services rendered by the latter to the former. In the compliant filed by Ricadero Panes, he claims that he is the rightful and lawful owner of the said property, that it was assessed in the amount of P2,602,190.00 by the City Assessor of Quezon City as of the year 1985. In essence, respondents alleged that B.C. Regalado and DBT used the derivative titles which covered properties located far from Pasong Putik, Novaliches, Quezon City. On its part, DBT, traversing the complaint, alleged that it is the legitimate owner and occupant of the subject property pursuant to a d acion en pago executed by B.C. Regalado in the formers favor. The RTC rendered a Decision in favor of the respondents. DBT filed a motion for reconsideration but the RTC judge died. On Nov. 8, 2001, the RTC, through the new judge, Judge Juanson, issued an Order reversing the earlier RTC Decision and dismissing the Complaint for lack of merit. The Court of Appeals reversed the RTCs decision. ISSUE: Whether or not, the respondent is the lawful owner of the property in question. HELD: Moreover, it may be stressed that there was no ample proof that DBT participated in the alleged fraud. Dacion en pago is the delivery and transmission of ownership of a thing by the debtor to the creditor as an
accepted equivalent of the performance of the obligation. It is a special mode of payment where the debtor offers another thing to the creditor, who accepts it as an equivalent of the payment of an outstanding debt. While the Torrens system is not a mode of acquiring title, but merely a system of registration of titles to lands, justice and equity demand that the titleholder should not be made to bear the unfavorable effect of the mistake or negligence of the State's agents, in the absence of proof of his complicity in a fraud or of manifest damage to third persons. The court granted the petition and the decision of the court of appeals is reversed. FOUNDATION SPECIALISTS, INC. vs. BETONVAL READY CONCRETE, INC. G.R. No. 170674 August 24, 2009
FACTS: The petitioner and the respondent entered in to three contracts for the delivery of ready mixed concrete by Bentoval to FSI. The basic stipulations were: (a) for FSI to supply the cement to be made into ready mixed concrete; (b) for FSI to pay Betonval within seven days after presentation of the invoices plus 30% interest p.a. in case of overdue payments and (c) a credit limit of P600,000 for FSI. Bentoval delivered the concrete materials as stipulated in the contracts, but the FSI has failed to pay the outstanding balance in 1992. On September 1, 1992, Betonval demanded from FSI its balance of P2,349,460. Bentoval informed FSI that further defaults would leave it no other choice but to impose the stipulated interest for late payments and take appropriate legal action to protect its interest. FSI still failed to pay. Bentoval later brought the matter in action claiming the payment and its interest of 30% per annum. On January 29, 1999, the RTC ruled for Betonval. FSI denied Bentovals allegation and claimed that the amount claimed is not due and demandable because they are still reconciling. The case was brought to the Court of Appeals and rendered a decision in favor of bentoval. FSI is ordered to pay for the interest from 12% to 24% per annum. FSI filed a motion for reconsideration but it was denied. ISSUE: Whether or not, Bentovals compliant is premature and the decisions of the CA and RTC in favor of the respondent is invalid. HELD: In view of FSIs failure to dispute this finding of the RTC because of its failure to perfect its appeal, FSI is now estopped from raising this issue. There is no cogent reason to depart from the RTCs finding. There can be no other conclusion but that Betonval had reduced the imposable interest rate from 30% to 24% p.a. and this reduced interest rate was accepted, albeit impliedly, by FSI when it proposed a new schedule of payments and, in fact, actually made payments to Betonval with 24% p.a. interest. By its own actions, therefore, FSI is estopped from questioning the imposable rate of interest. The court likewise hold that the imposition of a 12% p.a. interest on the award to Betonval (in addition to the 24% p.a. interest) in the assailed judgment is proper. It is clear that FSI is liable for the damages it incurred from its delay to deliver a sum of money to bentoval. The court denied the petition. HEIRS OF CAYETANO PANGAN and CONSUELO PANGAN vs. SPOUSES ROGELIO PERRERAS and PRISCILLA PERRERAS G.R. No. 157374, August 27, 2009
FACTS: Spouses Pangan were the owners of the l ot and two door apartments located at 1142 Casanas St., Sampaloc Manila. On June 2, 1989, Consuelo agreed to sell the above property to respondents, for the price of P540,000. On the same day, Consuelo received 20,000 as a down payment, evidenced by a receipt that also included the terms of the parties agreement. Three days later, the parties agreed to increase the purchase price from 540,000 to 580,000. In compliance with the agreement, respondents issued two checks payable to Consuelo. Thereafter, Consuelo refused to accept the checks because her children, being the co-owner of the property, upon the death of her husband, did not want to sell the subject properties. For the same reason, Consuelo offered to return the down payment but Perreras rejected it. Thus, Consuelo filed a complaint for consignation. The respondent who
insisted on enforcing the agreement in turn instituted an action for specific performance against Consuelo. In her Answer, Consuelo claimed that she was justified in backing out from the agreement on the ground that the sale was subject to the consent of the petitioners-heirs who became co-owners of the property upon the death of her husband, Cayetano. Since the petitioners-heirs disapproved of the sale, Consuelo claimed that the contract became ineffective for lack of the requisite consent. RTC ruled in the respondents favor; it upheld the existence of a perfected contract of sale, at least insofar as the sale involved Consuelos conjugal and hereditary shares in the subject properties. The trial court found that Consuelos receipt of the P20,000.00 earnest money was an eloquent manifestation of the perfection of the contract. hence, this petition. ISSUE: Whether or not there was a perfection of contracts HELD: Yes. Article 1318 of the Civil Code declares that no contract exists unless the following requisites concur: (1) consent of the contracting parties; (2) object certain which is the subject matter of the contract; and (3) cause of the obligation established. Since the object of the parties agreement involves properties co-owned by Consuelo and her children, the petitioners-heirs insist that their approval of the sale initiated by their mother, Consuelo, was essential to its perfection. Accordingly, their refusal amounted to the absence of the required element of consent.That a thing is sold without the consent of all the co-owners does not invalidate the sale or render it void. The Supreme Court ruled that the terms of the parties agreement are clear and explicit; indeed, all the essential elements of a perfected contract are present in this case. While the respondents required that the occupants vacate the subject properties prior to the payment of the second installment, the stipulation does not affect the perfection of the contract, but only its execution. In sum, the case contains no element, factual or legal, that negates the existence of a perfected contract between the parties.
MANUEL GO CINCO and ARACELI S. GO CINCO versus COURT OF APPEALS, ESTER SERVACIO and MAASIN TRADERS LENDING CORPORATION (MTLC) G.R. No. 151903 October 9, 2009
FACTS: Petitioner Manuel Cinco obtained a commercial loan in the amount of P700,000.00 from respondent MTLC. The loan was evidenced by a promissory note and secured by a real estate mortgage. His outstanding obligation amounted to P1,071,256.66, included the principal, interest, and penalties. To be able to pay the loan in favor of MTLC, the spouses Go Cinco applied for a loan with the Philippine National Bank, Maasin Branch and offered as collateral the same properties they previously mortgaged to MTLC. The PNB approved the loan application for P1.3 Million; the release of the amount, however, was conditioned on the cancellation of the mortgage in favor of MTLC. Manuel informed Ester Servacio, MTLCs President that there was money with the PNB for the payment of his loan with MTLC. Manuel executed a Special Power of Attorney (SPA) authorizing Ester to collect the proceeds of his PNB loan. Ester went to the bank and confirmed the existence of the P1.3 Million loan, but required Ester to first sign a deed of release/cancellation of mortgage before they could release the proceeds of the loan to her. Ester refused to sign the deed and did not collect the P1.3 Million loan proceeds. As the MTLC loan was already due, Ester instituted foreclosure proceedings against the spouses Go Cinco. To prevent the foreclosure of their properties, the spouses Go Cinco filed an action for specific performance, damages, and preliminary injunction before the RTC, Branch 25. The RTC ruled in favor of the spouses Go Cinco. Through an appeal with the CA, MTLC and Ester successfully secured a reversal of the RTCs decision. And dismissed the spouses Go Cinco complaint. From this dismissal, the spouses Go Cinco filed the present appeal by certiorari. ISSUE: Whether the loan due the MTLC had been extinguished.
HELD: Yes. Under Article 1232 of the Civil Code, payment means not only the delivery of money but also the performance, in any other manner, of an obligation. Article 1233 of the Civil Code states that a debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. In contracts of loan, the debtor is expected to deliver the sum of money due the creditor. These provisions must be read in relation with the other rules on payment under the Civil Code, which rules impliedly require acceptance by the creditor of the payment in order to extinguish an obligation. In the present case, Manuel sought to pay Ester by authorizing her, through an SPA, to collect the proceeds of the PNB loan an act that would have led to payment if Ester had collected the loan proceeds as authorized. Admittedly, the delivery of the SPA was not, strictly speaking, a delivery of the sum of money due to MTLC, and Ester could not be compelled to accept it as payment based on Article 1233. Nonetheless, the SPA stood as an authority to collect the proceeds of the already-approved PNB loan that, upon receipt by Ester, would have constituted as payment of the MTLC loan. Had Ester presented the SPA to the bank and signed the deed of release/cancellation of mortgage, the delivery of the sum of money would have been effected and the obligation extinguished. As the records show, Ester refused to collect and allow the cancellation of the mortgage. Megaworld Globus Asia, Inc. V Mila S. Tanseco G.R. No. 181206 October 9, 2009
FACTS: Megaworld and respondent Tanseco entered into a contract to buy and sell a 224 square meter condo unit at pre-selling price The Salcedo Park in Makati City. Tanseco paid all instalments due up to Jan, 1998, leaving unpaid the balance of 2,520,305.63 pending delivery of the unit. Megaworld, however failed to deliver the unit within the stipulated period. A few days shy of three years later, Megaworld, by notice dated April 23, 2002 (notice of turnover), informed Tanseco that the unit was ready for inspection preparatory to delivery. Tanseco replied through counsel, by letter of May 6, 2002, that in view of Megaworlds failure to deliver the unit on time, she was demanding the return of P14,281,731.70 representing the total installment payment she had made, with interest at 12% per annum from April 30, 1999, the expiration of the six-month grace period. Tanseco pointed out that none of the excepted causes of delay existed. Her demand having been unheeded, Tanseco filed on June 5, 2002 with the Housing and Land Use Regulatory Boards (HLURB) Expanded National Capital Region Field Office a complaint against Megaworld for rescission of contract, refund of payment, and damages. By Decision of May 28, 2003, the HLURB Arbiter dismissed Tansecos complaint for lack of cause of action, finding that Megaworld had effected delivery by the notice of turnover before Tanseco made a demand. Tanseco was thereupon ordered to pay Megaworld the balance of the purchase price, plus P25,000 as moral damages, P25,000 as exemplary damages, and P25,000 as attorneys fees. Her Motion for Reconsideration having been denied by Resolution dated August 30, 2006, Tanseco filed a Petition for Review under Rule 43 with the Court of Appeals the appellate court granted Tansecos petition. ISSUE: Whether or not Tanseco is entitled to be reimbursed the total amount she paid Megaworld. HELD: The Court affirmed the decision of the Court of Appeals with modification. As modified, the dispositive portion of the Decision reads: The July 7, 1995 Contract to Buy and Sell between the parties is cancelled. Petitioner, Megaworld Globus Asia, Inc., is directed to pay respondent, Mila S. Tanseco, the amount of P14,281,731.70, to bear 6% interest per annum starting May 6, 2002 and 12% interest per annum from the time the judgment becomes final and executory; and to pay P200,000 attorneys fees, P100,000 exemplary damages, and costs of suit.
Heirs of Sofia Quirong vs DBP (Development Bank of the Phil.) G.R. No. 173441
FACTS: A 589 square meter land was given to Felisa Dalope by her deceased husband. Felisa has nine children one of them naming Rosa Dalope Fucion. To enable Rosa and her husband Antonio Fucion get a loan from respondent DBP, Felisa sold the whole lot to the Funcions. On February 12, 1979, after the Fucions failed to pay their loan, DBP foreclosed the mortgage on the lot and consolidated ownership in its name on June 17, 1981. 4 years later, DBP conditionally sold the lot to Sofia Quirong. Felisa and her 8 children filed an action for partition and decleration of nullity of documents with damages against the DBP and the Funions before the RTC. Notwithstanding the suit, DBP executed a deed of absolute sale of the subject lot in Sofia Quirong Favor. When Sofia died, heirs filed an answer in intervention. RTC decision, declaring the DBPs sale to Sofia valid only with respect to the shares of Felisa and Rosa Funcion in the Property. ISSUE: Whether or not the Quirong heirs action for rescission of respondent DBPs sale of the subject property to Sofia Quirong was already barred by prescription. In the negative, Whether or not the heirs of Quirong were entitled to the rescission of the DBPs Sale of the subject lot to the late Sofia Quirong as a consequence of her heirs having been from it. HELD: The Court Affirms the decision of the Court of Appeals that the Quirong heirs action for rescission of the sale between DBP and their predecessor, Sofia Quirong, is barred by prescription reckoned from the date of finality of the December 16, 1992 RTC decision in Civil Case D-7159 and applying the prescriptive period of four years set by Article 1389 of the Civil Code. Second issue was held, that DBP must reimbursed and pay the damages to Quirong.
PNB vs Encina G.R. No. 174055
FACTS: Spouses Encina secured a loan in the amount of P500k from PNB Occidental Mindoro for their metal craft business. They again secured P200k loan for their agricultural business. Both loans were secured by a promissory note, a mortgaged property, and a credit agreement. On 4 Feb 1997 these loans were fully paid. Subsequently, a loan of P400k was secured by spouses Encina for a common carrier business, secured by 2 mortgaged parcels of land. PNB granted an all purpose credit to spouses Encina in the amount of P1.250M. The spouses availed of the P1.050M. Upon maturity, spouses Encina failed to pay; the mortgaged properties were then published by PNB in a local newspaper of general circulation in Mindoro named "The Island Observer". These mortgaged properties were then auctioned, with PNB having the highest bid. Spouses Encina claim that the loan of P1.050M was used for agriculture, not for metal craft business therefore PNB should not have foreclosed the mortgaged properties and instead, restructured the loan for a longer gestation period. On the other hand, PNB claims that the loan was used by the spouses for metal craft, therefore does not require to be restructured. ISSUE: W/N the foreclosure and sale of the mortgaged properties are null and void W/N the loan was used for agricultural business HELD: Case remanded. The RTC should not have dismissed the complaint for lack of cause of action. Upon petition for review, the CA erred in coming up with a decision for PNB. It is incumbent upon PNB to disprove the averments of the complaint itself and not the allegations in the motion for review.
ASJ CORPORATION and ANTONIO SAN JUAN vs. SPS. EFREN & MAURA EVANGELISTA G.R. No. 158086
FACTS: Respondents, under the name R.M. Sy Chicks are in the business of eggs and their by-products in Nueva Ecija and Bulacan. They entered into a contract with petitioner for the incubation and hatching of these eggs. O n 3 Feb 1993, respondent went to petitioner's hatchery in order to collect the eggs but the latter refused to part with them due to unpaid balances. Respondent then gave P15,000 but was not able to collect the eggs. On 10 Feb 1993 respondent again went to petitioner but the latter refused because of the same reason. Respondent then handed another P15,000. Petitioner warned respondent that unless he is paid in full , he will impound respondent's vehicle and detain him in his compound. ISSUE: W/N petitioner abused his rights in not parting with the eggs. HELD: No for his retention was justified, i.e. he is not religiously paid by respondent. According to article 1248, the creditor cannot be compelled to receive partial payments, or payments which are not of the same nature, i.e. eggs and cash. It was respondents who violated the reciprocity of the contract. Ordered to pay P408,852.10, with legal interest of 12% from the date of finality of this judgment until fully paid. Jaguar Security and Investigation Agency vs. Sales G.R No. 162420; April 22,2008
FACTS: Petitioner Jaguar security and investigation agency a private Corporation engaged in the business of providing security services to it's clients, one of whom is Delta Mining Industries Inc. Sales, Tamayo, Caranyagan, Silva, Moron, and Fetalvero were hired as security guards by Jaguar and was assigned in Delata office Libis, Quezon City. Caranyagan and Tamayo were terminated by Jaguar. They alleged that their dismissal were arbitrary and illegal. All the guard-employees claim for monetary benefits such as underpayment, overtime pay, rest day and holiday premium pay, underpaid 13th month pay, night shift differential, five days service and incentive leave pay . Aside from those claims Caranyagan and Tamayo argue that they were entitled to separation pay and back wages, for the time they were illegally dismissed until finality of decision. Furthermore, all the respondents claim for moral and exemplary damages. The case was filed with the Labor Arbiter. The Labor Arbiter rendered a decision in favor of the private respondents Sales et al., the charges of illegal dismissal on the part of Tamayo and Caranyagan was dismissed for lack of merit and the respondents Jaguar Security Agency and Delta Milling Industries were ordered to jointly and severally pay all the six complainants. On July, 1999, Jaguar filed a partial appeal because of the failure of NLRC to resolve it's cross claim against Delta as the party Ultimately liable to pay the security guards. The appeal was dismissed because it was not the proper forum to raise the issue, furthermore, Jaguar being the direct employer is the one principally liable to the employees. Thus, the petitioner filed a separate civil action. Jaguar, sought reconsideration of the dismissal but NLRC denied resulting to Jaguar filing for a petition for certiorari. ISSUE/S: Whether or not Jaguar and Delta should be jointly and severally liable to the guards.Whether or not Jaguar is already entitled for reimbursement from Delta Milling even there is no payment made yet. HELD: Yes. Under the Labor code, the joint and several liability of the contractor and the principal is mandated to assure compliance with the provisions of the Labor code including the statutory minimum wage. The contractor petitioner (Jaguar) is made liable by virtue of his status as direct employer. On the other hand, Delta Milling, as principal is made the indirect employer of the contractor's employees for the purposes of paying the employees their wages should the contractor be unable to pay them.
No. The liability of Delta Milling to reimburse Jaguar will only arise if and when petitioner actually pays it's employees the adjudged liabilities. payment which means not only the delivery of money but also the performance, in any other manner, of the obligation, is the operative fact which will entitle either of the solidary debtors to seek reimbursement for the share which corresponds to each of the debtors. JOSEPH SALUDAGA VS. FAR EASTERN UNIVERSITY G.R. NO. 179337 APRIL 30, 2008
FACTS: Saludaga was a sophomore law student in FEU when he was shot by Rosete, a security guard on duty at the school premises. Petitioner was rushed to FEU-NRMF due to the wound he sustained. Rosete was brought to the police station where he explained that the shooting was an accident wherein he was released considering that no formal complaint was filed against him. Petitioner thereafter filed a complaint for damages against the respondents on the ground that they breached their obligation to provide students with a safe and secure environment and an atmosphere conducive for learning. Respondents, in turn, filed a complaint against the agency contracted by the latter to provide security services within its premises and it's President, to indemnify them for whatever would be adjudged in favor of the petitioner if any; and to pay attorney's fees and cost of the suit. ISSUE: Whether or not the plaintiff be awarded judgment favorable to the latter thus proving FEU's negligence was attendant. HELD: The Court held that FEU breached the school-student contract for negligence on its obligation to ensure and take adequate steps to maintain peace and order within the campus after it was found that FEU failed to undertake steps to ascertain and confirm that the security guards assigned in the campus possess the qualifications required in the Security Service Agreement between FEU and Galaxy. Article 1170 of the Civil Code provides that those who are negligent in the performance of their obligations are liable for damages. Accordingly, for breach of contract due to negligence in providing a safe learning environment, respondent FEU is liable to petitioner for damages. ROYAL CARGO CORP. VS DFS SPORTS UNLIMITED INC. G.R NO. 158261
FACTS: Petitioner is an international freight forwarder. Respondent, on the other hand, is one of the concessionaires of the Subic Bay Metropolitan Authority (SBMA). It is principally engaged in the importation and local sale of duty-free sporting goods and other si milar products. Sometime in October 1993, Respondent engaged the services of the petitioner to attend and undertake the former's brokerage and trucking requirements. On April 19, 1995, petitioner filed against respondent a Complaint for Collection of Sum of Money with the Regional Trial Court (RTC) of Manila seeking the recovery of the amount of P248,449.63 plus legal interest as well as attorney's fees and costs of suit. Respondent contended that since May 1994, they have never engaged the services of the petitioner that they have no legal obligation. In the trial, petitioner presented as part of its evidence 34 carbon copies of invoices, to prove respondent's indebtedness while respondent presented 28 original copies of the 34 invoices submitted by petitioner for the purpose of proving payment of the amount sought to be recovered by the latter. ISSUE: (1) Whether or not respondent, who is the debtor, has the burden of proving payment; (2) Whether or not the subject invoices prove such payment or at least raise a disputable presumption that payment has been made. HELD:
(1.) No. The settled rule is that one who pleads payment has the burden of proving it. Even where the creditor alleges non-payment, the general rule is that the onus rests on the debtor to prove payment, rather than on the creditor to prove non-payment. The debtor has the burden of showing with legal certainty that the obligation has been discharged by payment. Where the debtor introduces some evidence of payment, the burden of going forward with the evidence as distinct from the general burden of proof shifts to the creditor, who is then under a duty of producing some evidence to show non-payment. Since respondent claims that it had already paid petitioner for the services rendered by the latter, it follows that the former carries the burden of proving such payment. (2.) No. An invoice, in and by itself, and as opposed to a receipt, may not be considered evidence of payment. In addition, it does not mean that possession by a debtor of an i nvoice raises the presumption that it has already paid its obligation. An invoice is simply a list sent to a purchaser, factor, consignee, etc., containing the items, together with the prices and charges, of merchandise sent or to be sent to him; a mere detailed statement of the nature, quantity and cost or price of the things invoiced.
