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  • RICARDO L. MANALILI, Plaintiff-Appellant, vs. GOVERNMENT SERVICE INSURANCE SYSTEM, Respondent-Appellee

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    Emman Fernandez
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    Ricardo Manalili took out loans from the Government Service Insurance System (GSIS) secured by a mortgage on his property. The loans terms stated that failure to make monthly payments would allow GSIS to foreclose. Manalili failed to make payments. He claimed his obligation to GSIS was extinguished because he was owed backpay by the Government of the Philippines. The Supreme Court held that while Manalili had a claim against the Government for backpay, GSIS is a private corporation separate from the Government, so his claim did not extinguish his debt to GSIS. GSIS was allowed to foreclose on the property.

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    Ricardo Manalili took out loans from the Government Service Insurance System (GSIS) secured by a mortgage on his property. The loans terms stated that failure to make monthly payments would allow GSIS to foreclose. Manalili failed to make payments. He claimed his obligation to GSIS was extinguished because he was owed backpay by the Government of the Philippines. The Supreme Court held that while Manalili had a claim against the Government for backpay, GSIS is a private corporation separate from the Government, so his claim did not extinguish his debt to GSIS. GSIS was allowed to foreclose on the property.

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    © All Rights Reserved
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    25 views1 page

    RICARDO L. MANALILI, Plaintiff-Appellant, vs. GOVERNMENT SERVICE INSURANCE SYSTEM, Respondent-Appellee

    Uploaded by

    Emman Fernandez
    Ricardo Manalili took out loans from the Government Service Insurance System (GSIS) secured by a mortgage on his property. The loans terms stated that failure to make monthly payments would allow GSIS to foreclose. Manalili failed to make payments. He claimed his obligation to GSIS was extinguished because he was owed backpay by the Government of the Philippines. The Supreme Court held that while Manalili had a claim against the Government for backpay, GSIS is a private corporation separate from the Government, so his claim did not extinguish his debt to GSIS. GSIS was allowed to foreclose on the property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 1

    RICARDO L. MANALILI, Plaintiff-Appellant, vs.

    GOVERNMENT
    SERVICE INSURANCE SYSTEM, Respondent-Appellee.
    FACTS:
    Ricardo Manalili is a world war II USAFFE veteran and as such a holder of a backpay certificate of indebtedness
    issued by the Treasurer of the Philippines

    Consequently appellant, upon application, granted real estate loans by appellee Government Service Insurance
    System payable in monthly amortizations. The loans were secured with a mortgage on appellant's property, the
    mortgage contract providing, If the mortgagor fail or refuse to pay any of the amortizations on the indebtedness or the
    interest when due, may immediately foreclose his mortgage judicially or extrajudicially.

    Appellant failed to pay the monthly amortizations. To settle his obligations with the GSIS, appellant made
    representations to the Army Finance Service, the Executive Secretary and finally direct to the National Treasurer for
    the speedy release of his backpay check, but his efforts were to no avail.

    Appellant claims that his obligation to appellee GSIS has been extinguished due to confusion or merger of rights

    ISSUE:
    Whether the claim of Manalili that his obligation had been extinguished due to merger of rights or compensated with
    what the Government of the Philippines owes him under his backpay certificate of indebtedness be given merit.

    HELD:
    The supreme court held that the claim of Manalili, apparently, is predicated on the theory that the Government of the
    Philippines and the GSIS are one and identical and that a claim against one is necessarily a claim against the other.
    But while appellant may be considered a creditor to the Government insofar as his backpay claim is concerned, he
    does not enjoy the same standing as regards the GSIS, herein appellee. It can readily be gleaned from the GSIS
    charter that it is a private corporation with a personality separate and distinct from the Government.

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