Title
Bachrach Motor Co., Inc. vs. Talisay-Silay Milling Co.
Case
G.R. No. 35223
Decision Date
Sep 17, 1931
Bachrach Motor Co. sued for a bonus owed to Ledesma; PNB intervened, claiming preferential rights. Court ruled bonus not civil fruits, voided PNB's claim, upheld Bachrach's preferential right.

Case Summary (G.R. No. 35223)

Procedural Posture

Bachrach Motor Co., Inc. sued Talisay‑Silay Milling Co., Inc. for delivery of P13,850 (promissory notes or other instruments) alleged to be a bonus in favor of Mariano L. Ledesma, sought accounting of amounts due to Ledesma, and prayed that Ledesma’s alleged sale be annulled. The Philippine National Bank (PNB) intervened claiming a preferential right to any bonus payable to Ledesma by reason of mortgages executed by planters in favor of PNB and an assignment by Ledesma (Exhibit 9). Talisay‑Silay answered, asserting that P7,500 of the credit belonged to Cesar Ledesma by purchase. Cesar Ledesma separately asserted ownership of the P7,500 in good faith. At trial the parties accepted the sale to Cesar Ledesma, and the trial court dismissed claims against him and ordered delivery of P7,500 to him. The trial court held Bachrach had a preferred right to P11,076.02 (the remainder of Ledesma’s bonus) and ordered delivery to Bachrach. PNB appealed, assigning multiple errors.

Claims, Cross‑Claims and Assignments of Error

PNB’s primary contention on appeal was that the bonus constituted civil fruits of the mortgaged lands owned by planters (including Ledesma) and therefore was subject to the mortgage in favor of PNB; alternatively, PNB relied on the assignment executed by Ledesma on March 7, 1930 (Exhibit 9). PNB’s assignments of error included: (1) the trial court erred in holding the bonus was not civil fruits; (2) the court should have held the bonus became subject to PNB’s mortgage when Ledesma’s obligation fell due; (3) the court erred in characterizing Exhibit 9 as fraudulent (or otherwise void); (4) the court erred in recognizing Bachrach’s attachment(s) as creating a prior preferential right; and (5) the court erred in declaring Bachrach’s preference and ordering delivery to Bachrach instead of PNB.

Trial Court Findings

The trial court found that the sale to Cesar Ledesma of P7,500 of the credit was valid and recognized it; accordingly, P7,500 was to be delivered to him. As to the remaining amount (P11,076.02), the court concluded Bachrach Motor Co., Inc. had a preferred right to receive the bonus and ordered Talisay‑Silay Milling Co., Inc. to deliver that sum to Bachrach. The court therefore rejected PNB’s claim of preferential right over the bonus.

Legal Issue Presented

The fundamental legal question the Court considered was whether the bonus payable by the Talisay‑Silay Milling Co. to planters who mortgaged their land to PNB constituted civil fruits of the mortgaged land and thus became subject to the mortgage in favor of PNB (and, concomitantly, whether any assignment by Ledesma of the bonus to PNB was valid as an assignment of civil fruits).

Applicable Law — Article 355, Civil Code

Article 355 of the Civil Code was treated as identifying three categories of civil fruits: (1) rents of buildings; (2) proceeds from leases of lands; and (3) income from perpetual or life annuities or similar sources of revenue. The Court emphasized that, in context, the phrase “other analogous” refers to rents or income analogous to the listed types; thus the Civil Code’s concept of civil fruits is limited to the enumerated and analogous categories.

Court’s Analysis on the Nature of the Bonus

The Court examined the origin and terms of the bonus. Talisay‑Silay had resolved on December 22, 1923 (amended March 23, 1928) to credit owners of plantations who mortgaged their land to the bank an annual sum equal to two percent of the debt secured, payable when the central’s obligations permitted. The Court noted the bonus was granted as compensation for the risk planters assumed by subjecting their land to a mortgage for the benefit of the central, and that the bonus amount was based on the total debt secured (the yearly balance). The Court stressed that the bonus bore only a remote and accidental relation to the mortgaged land; it derived from the risk and the debt, not from any yield, production, or income of the property itself.

Reasoning — Why the Bonus Is Not Civil Fruits

Applying Article 355, the Court concluded the bonus was neither rent of a building nor rent/proceeds of land, and the only remaining sense was “income.” Even under a broad sense of “income,” the decisive inquiry is whether the amount is derived from the land itself. The Court found that the bonus was not derived from the mortgaged property; it was calculated from the debt secured and contingent upon the central’s ability or au

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