Title
Del Rosario vs. Shell Company of the Philippines Ltd.
Case
G.R. No. L-28776
Decision Date
Aug 19, 1988
Lease dispute over rental adjustment due to peso devaluation under Executive Order No. 195; Supreme Court ruled in favor of lessor, mandating increased rent.

Case Summary (G.R. No. L-28776)

Lease Agreement Provisions

The Lease Agreement included a significant provision in Paragraph 14 that stipulated that in the event of an official devaluation or appreciation of the Philippine currency, the rental rate would be adjusted according to laws or decrees specifically applicable to rentals. This provision became pertinent following a change in the par value of the Philippine peso caused by Executive Order No. 195, promulgated by President Diosdado Macapagal on November 6, 1965.

Background of the Dispute

After the issuance of Executive Order No. 195, which effectively modified the par value of the peso from US$0.50 to US$0.25, Del Rosario sought to increase the monthly rent to P487.50. Shell refused to comply with this demand, leading Del Rosario to file a complaint with the Court of First Instance of Manila (CFI) on January 16, 1967. He sought the additional rental amount, as well as moral damages, exemplary damages, attorney's fees, and costs.

Trial Court's Decision

On January 8, 1968, the trial court dismissed Del Rosario's complaint, arguing that Executive Order No. 195 did not constitute an official devaluation of the peso. The court opined that the Executive Order merely modified the par value and did not affect the gold value of the currency as defined by the Central Bank Act.

Appellate Contentions

In response to the trial court's decision, Del Rosario filed an appeal, asserting two main errors: first, the trial court erred by failing to recognize that Executive Order No. 195 constituted an official devaluation of the peso, and second, the court erred in dismissing his complaint. He maintained that the Executive Order resulted in a decrease in the monetary value of the peso, which justified an increase in the rent under the Lease Agreement.

Definition of Terms: Devaluation and Depreciation

The court reviewed the definitions of "devaluation" and "depreciation." It noted that devaluation is an official act that reduces the metallic content of currency, impacting its value in terms of other currencies, while depreciation refers to a decrease in currency value that can occur with or without official action. The court emphasized that, regardless of the official terminology, the economic reality was that the purchasing power of the peso had diminished.

Court's Findings and Conclusion

The court found that the reduction in the par value of the peso as a result

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