Title
Traders Royal Bank vs. Intermediate Appellate Court
Case
G.R. No. 111357
Decision Date
Jun 17, 1997
Tayengcos challenged TRB's deduction of receiver's fee from receivership funds; SC ruled fee must be charged to losing party, not funds.

Case Summary (G.R. No. 111357)

Factual Background

The Supreme Court had previously resolved the factual aspects of this case through G.R. No. 63855, which established that Jose and Salvacion Tayengco were the lawful owners of the properties in question, and G.R. No. 60076, which upheld TRB's appointment as receiver pendente lite. These rulings led to the termination of the receivership proceedings, after which TRB presented its final accounting, retaining P219,016.24 as its receiver's fee. The Regional Trial Court of Iloilo approved this accounting on July 5, 1988, a decision contested by the Tayengcos.

Court of Appeals' Decision

The Tayengcos appealed to the Court of Appeals, contending that TRB's fee ought to be charged against the losing party rather than deducted from the funds under receivership. The Court of Appeals, in a decision on February 12, 1993, agreed with the Tayengcos, ruling that TRB could not deduct its fees from the receivership funds and ordered TRB to return the amount to the Tayengcos, holding the losing parties, particularly Cu Bie et al., solely liable for the compensation of the receiver.

TRB's Motion for Reconsideration

TRB subsequently filed a motion for reconsideration, which the appellate court denied on August 17, 1993. In its appeal, TRB presented several errors allegedly made by the Court of Appeals: first, that the appellate court's ruling contradicted the Supreme Court's prior decision in the case of Jose Tayengco vs. Hon. Ilarde; second, that the IAC lacked jurisdiction over CA-GR. 21423 due to the concurrent jurisdiction of the Supreme Court; and third, that the IAC violated the principle of "bar by final judgment."

Res Judicata Analysis

The Supreme Court undertook to resolve two critical issues: whether the Court of Appeals' decision was barred by res judicata and who was responsible for TRB's receiver’s fees. On the first issue, the Court clarified the elements of res judicata — the finality of the previous judgment, jurisdiction, merit, and identity of parties and cause of action. The Court determined that the causes of action in the two cases were distinct, dismissing TRB's argument concerning res judicata.

Compensation of Receiver

The principal query was regarding TRB's right to compensation as a receiver. The Supreme Court reiterated the provisions of Section 8 of Rule 59 of the Revised Rules of Court, which outlines that a receiver's compensation should be a

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