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As explained by
Chico-Nazario, J. Villanueva, the presented promissory note was in her
handwriting because Sigaan told her to copy it and she did
Facts: because she feared the threats of Sigaan to block her deals
Alicia Villanueva filed a complaint against Sebastian Sigaan with the Phil Navy. (this was not rebutted by Sigaan so the SC
bec she wants a return of her money (the excess interest she believed this explanation)
paid). Events according to her: o Clearly, there was NO CONSENT to the payment
o Sigaan, the comptroller of the Phillipine Navy, of interest, she was coerced.
offered to loan money to her. She accepted
because she needed capital for her office supply RE: Exceptions
business venture. She currently supplies office Sigaan’s claim that Villanueva admitting to the interest should
mat’l and equipment to the Phil Navy. be an exception, SC says: In the BP22 case, Villanueva did
o She agrees to the loan of P540k. Loan was not in not declare to have made an express stipulation in writing as
writing and there was no stipulation as to payment to the interest. There instances in which interest may be
of interest. imposed in the absence of stipulation, verbal or written, are:
o She issues a check worth P500; as partial payment. 1. NCC 2209: If obligation consists in payment of sum
2 months later, she issues another check worth of money, no stipulation on interest, and debtor
P200k. incurs delay = legal interest 12% per annum
o Sigaan (who now received P700k from Villanueva) 2. NCC 2212: interest due shall earn legal interest
said the excess money Villanueva paid would be from the time it is judicially demanded
applied as interest. But Sigaan still kept pestering Under those 2 instances, interest MAY be imposed only as
her for additional interest and threatened to block PENALTY or damages for breach of CONTRACTUAL
her transactions with the Phil Navy if she won’t obligations and NOT for compensation for the use or
comply. Fearing this, she paid additional amounts forbearance of money.
totalling to P1.2m. She asked for a receipt but was o MEANING: those 2 are only applicable to
told that there was no need bec they had mutual COMPENSATORY interests and not to monetary
trust and confidence. interest.
o She then consulted a lawyer who told her that o This case involves a claim for monetary interest.
Sigaan could not validly collect interest because Compensatory is not chargeable because it was not
there was no agreement of interest. She demands proven that Villanueva defaulted in paying the loan.
from Sigaan the return of the P660k.
According to Sigaan, however: RE: Solutio indebiti (NCC 2154: 1. if something is received where there
o He did not offer to loan but was instead is no right to demand it and 2. it was delivered through mistake, the
propositioned by Villanueva and insists that there obligation to return it arises)
was no overpayment, as that there was a Principle: no one shall enrich himself unjustly at expense of
promissory note by Villanueva admitting to having another
borrowed P1.24m.
o As payment, Villanueva issued 6 postdated checks. RE: Interest payment
Only 1 was honoured. He filed criminal cases Eastern Shipping v. CA:
against Villanueva (BP 22). In this BP 22 case, o when an obligation NOT constituting a loan or
Sigaan claims that Villanueva, in her testimony, forbearance of money is breached, interest on
admitted to having agreed to a 7% interest. This amount of damages may be imposed at the rate of
should be an exception (to the rule that interests 6% per annum.
should be in writing) because it would be unfair o When judgment awarding a sum of money
since Villanueva already admits to the interest. becomes final and executory, legal interest
o Also Villanueva was already estopped from (whether loan/forbearance or money or not) shall
complaining because she was given several times be 12% per annum from finality
to settle her obligation but failed. o The INTERIM period is deemed a forbearance of
RTC says: there was overpayment. Villanueva’s obligation credit
only amounted to P540k because there was no interest Sigaan’s obligation arises from a quasi-contract of solutio
agreement. CA affirmed. indebitu and NOT from a loan or forbearance of money. So:
o 6% per annum should be imposed on the amount
Issue: Was there overpayment? What about interest? to be refunded (as well as to the damages and atty
fees) from time of extra judicial demand (March
Held: [Yes. Sigaan should return the excess amounts.] [No interest to 3, 1998) up to finality.
be paid by Villanueva. However, Sigaan should pay interest on the o Amount shall become 12% per annum from
amounts he should refund Villanueva.] finality of decision up to its satisfaction
Ratio:
SC defines interest: monetary and compensatory:
o Monetary interest: Interest is a COMPENSATION
fixed by the PARTIES for the use or forbearance of
money.
o Compensatory: Interest imposed by LAW or by
COURTS as PENALTY or INDEMNITY.
The right to interest arises only:
1. By a contract; or
2. By virtue of damages for delay or failure to pay the
principal loan
ISSUE:
GR 96405
The facts show that the parties agreed to the payment of
a specific sum of money of P40,000.00 per month for six
months, not to a 4% rate of interest payable within a 6- Summary: A co-maker to a loan is facing collection
month period. demands from a creditor bank. One of his co-defendant
is outside the Philippine jurisdiction while the creditor
chose to dismiss their claim against the other.
No issue on the excessiveness of the stipulated amount
of P40,000.00 per month was ever put in issue by the
petitioners; they only assailed the application of a 4% Rule of Law: In solidary obligations, any one, some or all
interest rate, since it was not agreed upon. of the debtors may be proceeded against for the entire
obligation. The choice is left to the solidary creditor to
determine against whom he will enforce collection.
It is a familiar doctrine in obligations and contracts that
the parties are bound by the stipulations, clauses, terms
and conditions they have agreed to, which is the law Facts: Baldomero Inciong, Jr. (D) cosigned a P50,000-
between them, the only limitation being that these promissory note with Rene Naybe and Gregorio
stipulations, clauses, terms and conditions are not Pantanosas holding themselves jointly and severally
contrary to law, morals, public order or public policy. The liable to creditor Philippine Bank of Communications
payment of the specific sum of money of P40,000.00 per (P)—PBCOM, Cagayan de Oro City branch.
month was voluntarily agreed upon by the petitioners
A solidary or joint and several obligation is one in which
each debtor is liable for the entire obligation, and each
The due date expired without the promissors paying
creditor is entitled to demand the whole obligation.
their obligation. Consequently, creditor PBCOM (P)
demanded payment from the obligors who did not —Tolention, Civil Code of the Philippines, Vol. IV, 1991,
respond. So, creditor PBCOM (P) filed for collection of p. 217.
the sum of P50,000.00 against the three obligors.
Issues: Can the creditor file a claim for the entire Section 4, Chapter 3, Title I, Book IV of the Civil Code
obligation against a co-maker to a loan? states the law on joint and several obligations.
Ruling:
Issue:
Held:
NO.