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Filinvest Vs Phil Acetylene
Filinvest Vs Phil Acetylene
SUPREME COURT
Manila
SECOND DIVISION
As security for the payment of said promissory note, the appellant executed a
chattel mortgage (Exh. C) over the same motor vehicle in favor of said Alexander
Lim. Subsequently, on November 2, 1971. Alexander Lim assigned to the
Filinvest Finance Corporation all his rights, title, and interests in the promissory
note and chattel mortgage by virtue of a Deed of Assignment (Exh. D).
assuming arguendo that the return of the property did not extinguish its obligation,
it was nonetheless justified in refusing payment since the appellee is not entitled to
recover the same due to the breach of warranty committed by the original vendorassignor Alexander Lim.
After the case was submitted for decision, the Court of First Instance of Manila,
Branch XII rendered its decision dated February 25, 1974 which is the subject of
the instant appeal in this Court.
Appellant's five assignment of errors may be reduced to, or said to revolve around
two issues: first, whether or not the return of the mortgaged motor vehicle to the
appellee by virtue of its voluntary surrender by the appellant totally extinguished
and/or cancelled its obligation to the appellee; second, whether or not the warranty
for the unpaid taxes on the mortgaged motor vehicle may be properly raised and
imputed to or passed over to the appellee.
Consistent with its stand in the court a quo, appellant now reiterates its main
contention that appellee, after giving appellant an option either to remit payment in
full plus stipulated interests and charges or return the mortgaged motor vehicle, had
elected the alternative remedy of exacting fulfillment of the obligation, thus,
precluding the exercise of any other remedy provided for under Article 1484 of the
Civil Code of the Philippines which reads:
Article 1484. Civil Code. - In a contract of sale of personal
property the price of which is payable in installments, the vendor
may exercise any of the following remedies:
1) Exact fulfillment of the obligation, should the vendee fail to
pay;
2) Cancel the sale, should the vendee's failure to pay cover two or
more installments;
3) Foreclose the chattel mortgage on the thing sold, if one has been
constituted, should the vendee's failure to pay cover two or more
installments. In this case, he shall have no further action against
the purchaser to recover any unpaid balance of the price. Any
agreement to the contrary shall be void.
In support of the above contention, appellant maintains that when it opted to return,
as in fact it did return, the mortgaged motor vehicle to the appellee, said return
necessarily had the effect of extinguishing appellant's obligation for the unpaid
price to the appellee, construing the return to and acceptance by the appellee of the
mortgaged motor vehicle as a mode of payment, specifically, dation in payment or
dacion en pago which according to appellant, virtually made appellee the owner of
the mortgaged motor vehicle by the mere delivery thereof, citing Articles 1232,
1245, and 1497 of the Civil Code, to wit:
The evidence on the record fails to show that the mortgagee, the herein appellee,
consented, or at least intended, that the mere delivery to, and acceptance by him,
of the mortgaged motor vehicle be construed as actual payment, more specifically
dation in payment or dacion en pago. The fact that the mortgaged motor vehicle
was delivered to him does not necessarily mean that ownership thereof, as
juridically contemplated by dacion en pago, was transferred from appellant to
appellee. In the absence of clear consent of appellee to the proferred special mode
of payment, there can be no transfer of ownership of the mortgaged motor vehicle
from appellant to appellee. If at all, only transfer of possession of the mortgaged
motor vehicle took place, for it is quite possible that appellee, as mortgagee,
merely wanted to secure possession to forestall the loss, destruction, fraudulent
transfer of the vehicle to third persons, or its being rendered valueless if left in the
hands of the appellant.
Article 1232. Payment means not only the delivery of money but
A more solid basis of the true intention of the parties is furnished by the document
counterclaims, offsets or defenses that may be interposed by the debtor at the time
of the assignment, such counterclaims, offsets or defenses shall not prejudice the
FILINVEST FINANCE CORPORATION and I (Alexander Lim) further warrant
and hold the said corporation free and harmless from any such claims, offsets, or
defenses that may be availed of." 9
It must be noted that the unpaid taxes on the motor vehicle is a burden on the
property. Since as earlier shown, the ownership of the mortgaged property never
left the mortgagor, the herein appellant, the burden of the unpaid taxes should be
home by him, who, in any case, may not be said to be without remedy under the
law, but definitely not against appellee to whom were transferred only rights, title
and interest, as such is the essence of assignment of credit. 10
WHEREFORE, the judgment appealed from is hereby affirmed in toto with costs
against defendant-appellant.
SO ORDERED.
Barredo (Chairman), Aquino, Concepcion, Jr., Ericta and Escolin, JJ., concur.
Separate Opinions
ABAD SANTOS, J., concurring:
I concur in the result.
When the appellant returned the vehicle and executed the document entitled,
"Voluntary Surrender with Special Power of Attorney to Sell" said acts did not
result in the fulfillment of its obligation under Art. 1884(l) of the Civil Code. On
the contrary the document indicated that the appellee was to foreclose the chattel
mortgage. The surrender of the car to the appellee was a mere preparatory act for
its sale in a foreclosure of the chattel mortgage.
After the appellee discovered, without negligence on its part, that foreclosure of
the chattel mortgage was impractical, it had the right which it exercised to
abandon the chattel mortgage and demand fulfillment of the obligation.
Separate Opinions
ABAD SANTOS, J., concurring:
I concur in the result.
When the appellant returned the vehicle and executed the document entitled,
"Voluntary Surrender with Special Power of Attorney to Sell" said acts did not
result in the fulfillment of its obligation under Art. 1884(l) of the Civil Code. On the
contrary the document indicated that the appellee was to foreclose the chattel
mortgage. The surrender of the car to the appellee was a mere preparatory act for its
sale in a foreclosure of the chattel mortgage.
After the appellee discovered, without negligence on its part, that foreclosure of the
chattel mortgage was impractical, it had the right which it exercised to abandon the
chattel mortgage and demand fulfillment of the obligation.