Title
Marilag vs. Martinez
Case
G.R. No. 201892
Decision Date
Jul 22, 2015
A loan with excessive 5% monthly interest led to judicial foreclosure. Overpayment by respondent triggered solutio indebiti; litis pendentia barred petitioner’s collection suit. Interest reduced to 1% monthly.

Case Digest (G.R. No. 201892)
Expanded Legal Reasoning Model

Facts:

  • Loan Agreement and Foreclosure Proceedings
    • On July 30, 1992, Rafael Martinez obtained a loan of ₱160,000 from Norlinda S. Marilag, with a stipulated 5% monthly interest for six months, secured by real estate mortgage (TCT No. T-208400).
    • After Rafael defaulted, petitioner filed a judicial foreclosure case (RTC-Imus, CC No. 1208-95) on November 10, 1995. Rafael was declared in default and, by Decision dated January 30, 1998, the RTC-Imus reduced the interest to 12% p.a. and adjudged Rafael liable for ₱229,200 (₱160,000 principal + ₱59,200 interest).
  • Respondent’s Assumption of Debt and Collection Suit
    • Before learning of the January 30, 1998 decision, respondent Marcelino Martinez agreed to pay Rafael’s obligation, paid ₱400,000, and on February 20, 1998 executed a promissory note promising to pay the ₱289,000 balance by March 31, 1998.
    • Upon discovering the foreclosure decision fixed the debt at ₱229,200, respondent refused further payment. Petitioner filed a collection suit (RTC Las Piñas, CC No. 98-0156) on July 2, 1998. Respondent answered, denied cause of action, and counterclaimed for return of the alleged excess payment and damages.
  • Rulings of the Regional Trial Court
    • Decision dated August 28, 2003: The RTC held that the foreclosure decision extinguished the debt; found an overpayment of ₱171,000; declared a quasi-contract (solutio indebiti) and ordered petitioner to return the excess plus 6% interest from August 6, 1998, with attorney’s fees and costs.
    • Orders dated November 3, 2003 and January 14, 2004: Upon reconsideration, the RTC reversed itself, ruled foreclosure and collection are distinct, upheld the 5% monthly interest, and directed respondent to pay ₱289,000 plus legal interest, attorney’s fees, and costs.
  • Court of Appeals Decision
    • Decision dated November 4, 2011: The CA set aside the RTC’s November 3 and January 14 orders, reinstated the August 28, 2003 Decision, and held the collection suit barred by res judicata.
    • Resolution dated May 14, 2012: The CA denied petitioner’s motion for reconsideration.

Issues:

  • Whether the Court of Appeals erred in dismissing the collection case on grounds of res judicata (and/or litis pendentia).
  • Whether respondent’s counterclaim for return of excess payments should be sustained and on what terms.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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