Reformina V Tomol
Reformina V Tomol
REFORMINA v TOMOL, JR the damagesunder circumstances other than the case referred to in
FACTS: A fire occurred burning the boat FB Pacita III and fishing the preceding article, as in the following instances:(1) That the
gear of the Reforminas. Consequently, they fi led an action for plaintiff himself has contravened the terms of the contract;(2) That
recovery of damages for injury to persons and loss the plaintiff has derived some benefit as a result of the contract;(3)
of property. Judge Tomol, Jr awarded the Reforminas In cases where exemplary damages are to be awarded, that the
damages with legal interest from the fi ling of the complaint defendant acted upon the advice of counsel;(4) That the loss would
until paid. He further rendered that by legal interest meant 6% as have resulted in any event
provided for by Art 2209 CC. (5) That since the fi ling of the action, the defendant has
Reforminas contend that it should be 12% by virtue of Central Bank done his best to lessen the plaintiff 's loss or injury
Circular No. 416.
EN BANC
ISSUE: WON the legal interest is 6%
G.R. No. L-59096 October 11, 1985
HELD: YES
RATIO: C.B. Circular 416 which took effect July 29, 1974 pursuant to
PD 116 which amended Act 2655 (Usury Law) which raised PACITA F. REFORMINA and HEIRS OF FRANCISCO
the legal interest from 6% to 12% applies only to forbearances of REFORMINA, petitioners,
money, goods or credit and court judgments. vs.
Such court judgment refers only to judgments in litigations THE HONORABLE VALERIANO P. TOMOL, JR., as Judge of the
involving loans or forbearance of any money, goods or credit. Any Court of First Instance, Branch XI, CEBU CITY, SHELL
other kind of monetary judgment does not fall under the REFINING COMPANY (PHILS.), INC., and MICHAEL,
coverage of said law for it is not within the ambit of authority INCORPORATED, respondents.
granted to the central Bank.
Only the legislature can change the laws. How much, by way of legal interest, should a judgment debtor pay
In this case, the decision of the judge is one rendered in an action the judgment creditor- is the issue raised by the REFORMINAS
for damages arising from injury to persons and loss of property and (herein petitioners) in this Petition for Review on certiorari of the
does not involve a loan much less forbearance of any money, Resolution of the Hon. respondent Judge Valeriano P. Tomol, Jr. of
goods or credit. the then Court of First Instance of Cebu-Branch XI, issued in Civil
The law applicable is thus ART 2209 CC which states that: If the Case No.
obligation consists in the payment of a sum of money and the R-11279, an action for Recovery of Damages for injury to Person
debtor incurs in delay, the indemnity for damages there being no and Loss of Property.
stipulation to the contrary shall be the payment of interest agreed
upon, and in the absence of stipulation, the legal interest which is The dispositive portion of the assailed Resolution reads as follows
6% per annum.
In light (sic) of the foregoing, the considered view
1. contracts and quasi-contracts here that by legal interest is meant six (6%) percent
Art. 2201. In contracts and quasi-contracts, the damages for which as provided for by Article 2209 of the Civil Code. Let
the obligor who acted in good faith is liable shall be those that are a writ of execution be issued.
the natural and probable consequences of the breach of the
obligation, and w h i c h t h e p a r t i e s h a v e f o r e s e e n o r c o u l d
SO ORDERED. 1
have re asona bly fore se e n at the time the obligation
w a s constituted. In case of fraud, bad faith, malice or
wanton attitude, the obligor shall be responsible for all Petitioners' motion for the reconsideration of the questioned
damages which may be reasonably attributed to the non- Resolution having been denied, they now come before Us through
performance of the obligation. (1107a)Art. 2215. In contracts, the instant petition praying for the setting aside of the said
Resolution and for a declaration that the judgment in their favor legal interests from the filing of the complaint until
should bear legal interest at the rate of twelve (12%) percent per paid as compensatory and moral damages and
annum pursuant to Central Bank Circular No. 416 dated July 29, P41,000.00 compensation for the value of the lost
1974. boat with legal interest from the filing of the
complaint until fully paid to Pacita F. Reformina and
Hereunder are the pertinent antecedents: the heirs of Francisco Reformina. The liability of the
two defendants for an the awards is solidary.
On June 7, 1972, judgment was rendered by the Court of First
instance of Cebu in Civil Case No. R-11279, 2 the dispositive portion xxx xxx xxx
of which reads
Except as modified above, the rest of the judgment appealed from
WHEREFORE, judgment is hereby rendered in favor of is affirmed. The defendants-appellants shall pay costs in favor of
the plaintiffs and third party defendants and against the plaintiffs. Appellants Shell and Michael and third party
the defendants and third party plaintiffs as follows: defendant Anita L. Abellanosa shall shoulder their respective costs.
Ordering defendants and third party plaintiffs Shell and Michael, SO ORDERED. 3
SO ORDERED.