Title
Rehabilitation Fice Corp. vs. Court of Appeals
Case
G.R. No. L-5942
Decision Date
May 14, 1954
A third party paid a debtor's loan without consent; court ruled payment valid, obliging bank to cancel mortgage and debtor to reimburse the payor.
A

Case Summary (G.R. No. L-5942)

Factual Background

On or before October 31, 1951, Quintana Cano and Jesus de Anduiza executed a promissory note for P13,800, payable with annual amortizations over ten years. Mortgages secured the indebtedness in favor of the Agricultural and Industrial Bank. The mortgagors failed to pay the annual installments due October 31, 1942 and 1943. Learning of these defaults while temporarily residing in Anduiza's house during the Japanese occupation, Estelito Madrid went to the bank's central office in October 1944 and offered to pay Anduiza's indebtedness. Madrid paid P7,374.83 on October 23, 1944, and the remaining P6,425.17 on October 30, 1944, for a total of P16,425.17. The bank issued receipts acknowledging these payments.

Trial Court Proceedings

On July 3, 1948, Estelito Madrid instituted an action in the Court of First Instance of Manila seeking declaratory relief that Anduiza's indebtedness of P16,425.17 was paid; an order directing the bank (now R. F. C.) to release and cancel the mortgage; judgment against Jesus de Anduiza for P16,425.17 with interest and a preferred lien over the freed properties; and damages. The Bank answered, asserting that the loan was not yet due because it was payable in annual installments through 1951, that the amounts tendered by Madrid had been received merely as deposits pending proof of Anduiza's authority to permit such payment, and that the sum had been declared null and void by Executive Order No. 49. Anduiza likewise answered, alleging lack of authority given to Madrid and asserting that the bank had accepted the amounts only as deposits. The trial court initially rendered judgment for Madrid on June 20, 1949, but that judgment was set aside on motion. After further proceedings and receipt of evidence by the bank, the court on August 11, 1949 dismissed Madrid's complaint.

Court of Appeals Decision

The Court of Appeals reversed the trial court. The dispositive portion ordered the Rehabilitation Finance Corporation, successor to the Agricultural and Industrial Bank, to cancel the mortgage executed by Jesus de Anduiza and Quintana Cano and ordered Jesus de Anduiza to pay Estelito Madrid the amount of P16,425.17, without pronouncement as to costs. The Bank appealed to the Supreme Court by certiorari.

Issues on Appeal

The principal issues were whether Madrid validly extinguished Anduiza's obligation by paying P16,425.17 despite the absence of Anduiza's express consent and in the face of the bank's alleged conditional acceptance; whether the payments were barred or rendered null by Executive Order No. 49; whether the payments benefited Anduiza or were made in bad faith by Madrid such that Madrid's right to reimbursement or subrogation should be limited; and whether the bank could insist on a signed authorization by Anduiza as a condition precedent to cancelling the mortgage after having accepted payment.

Parties' Contentions

The Rehabilitation Finance Corporation contended that the payments were made against the express will of Jesus de Anduiza and over the bank's objection; that the bank accepted the sums only as deposits conditioned upon a written instrument signed by Anduiza authorizing the payments; that Madrid misrepresented his authority and acted without good faith; that the payments did not benefit Anduiza; and that the obligation was not fully due and demandable at the time of payment. Madrid asserted that he was entitled to pay on behalf of Anduiza, that the bank accepted the payments and issued unqualified receipts, that the payments extinguished the debt as against the bank, and that any limitation upon his rights vis-à-vis Anduiza should not affect the bank's obligation to cancel the mortgage. Anduiza initially denied consent but later joined Madrid in appealing the trial court's dismissal, an act the Court considered relevant to his acquiescence.

Legal Reasoning of the Supreme Court

The Court observed that, although the note provided for annual amortizations through October 31, 1951, the makers were entitled to prepay the entire obligation at any time prior to that date. The Court relied on Article 1158 of the Civil Code of Spain, which expressly permitted payment by any person, whether interested or not, and whether the debtor knew of or approved the payment. Under that provision, a third person who pays for another may recover from the debtor unless the payment was made against the debtor's express will; in that latter case, recovery from the debtor is limited to the extent the payment benefited the debtor. The Court reviewed authoritative commentary and jurisprudence construing Article 1158 to permit a third person to make a valid payment extinguishing the creditor's right, even over the debtor's opposition, because the creditor's sole right is to receive payment. The Court cited doctrinal authorities to the effect that the creditor cannot validly refuse payment by a third person and that any condition imposed by the creditor after accepting payment, such as requiring a signed authorization by the debtor as prerequisite to cancellation of a mortgage, was null and void insofar as it sought to resurrect the creditor's extinguished right. The Court found that the bank had accepted the payments and issued receipts without qualification, and that the bank’s demand for a signed authorization by Anduiza was a post-acceptance condition that could not prevent the obligation’s extinction. The Court rejected the bank's reliance upon Executive Order No. 49 and its contention that Madrid acted in bad faith. The Court no

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