Title
De Borja vs. Gella
Case
G.R. No. L-18330
Decision Date
Jul 31, 1963
Jose de Borja, delinquent in real estate taxes, sought to pay using assigned negotiable certificates of indebtedness. Supreme Court ruled assignees cannot use certificates for tax payments, rejecting compensation claims due to lack of mutuality.

Case Summary (G.R. No. L-18330)

Legal Background and Issues

The relevant law applicable to this case stems from Republic Act No. 304, as amended by Republic Act No. 800. Particularly, Section 2 outlines conditions under which negotiable certificates of indebtedness may be accepted in payment of tax liabilities. The core issues raised by the respondents revolve around whether Borja has the legal right to apply these certificates to his tax debt and whether compensation can be invoked to offset this obligation.

Failure to Accept Certificates

The city treasurers of Manila and Pasay City based their refusal to accept Borja's certificates on the fact that the debts represented by these certificates were not outstanding at the time Republic Act No. 304 was enacted on June 18, 1948. Rather, they pertained to taxes that became due in 1958 and beyond. The law explicitly mandates that only obligations existing at the time of the Act's approval can be settled with the said certificates. Additionally, Borja, as an assignee of the certificates, lacks the right to compel acceptance since the law confines such rights to the original applicant.

Mandamus and Legal Duty

The court ruled against Borja, stating that the city treasurers are not legally obligated to accept certificates of indebtedness from him as payment for his taxes. The rationale is that Borja is neither the original applicant of the negotiable certificates nor entitled to settle tax obligations through them. Consequently, the court determined that a writ of mandamus was not applicable, as there was no dereliction of duty on the part of the treasurers. The court emphasized that Borja's exclusion from utilizing the certificates for tax payment was aligned with existing legal provisions.

Compensation of Obligations

The court also addressed the second issue regarding whether compensation could be applied between Borja's tax obligations and his rights under the certificates. According to Articles 1278 and 1279 of the Civil Code, the requirements for legal compensation demand mutual obligations between the parties involved. In this case, the Republic of the Philippines is indebted to Borja regarding the certifi

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