Professional Documents
Culture Documents
127913 13
September 2001
FACTS:
In 1990, Ley Construction Corporation contracted a
loan from Rizal Commercial Banking Corporation in the
amount of P30 million with a real estate mortgage over
property in Valenzuela secured. LEYCON failed to settle
its obligation to pay back the loan thereby prompting
RCBC to foreclose the mortgage with the latter being
the highest bidder in 1992. LEYCON promptly filed an
action for Nullification of Extrajudicial Foreclosure Sale
and Damages against RCBC. The case was raffled to
the Regional Trial Court (RTC) of Valenzuela, Branch
172. Meanwhile, RCBC consolidated its ownership over
the property due to LEYCONs failure to redeem it
within the 12-month redemption period and a new TCT
was issued if favor of the bank. By virtue thereof, RCBC
demanded rental payments from Metro Container
Corporation (METROCAN) which was leasing the
property from LEYCON. In 1994, LEYCON filed an action
for Unlawful Detainer against RCBC before MeTC
Valenzuela Branch 82. METROCAN filed later a
complaint for Interpleader before RTC Valenzuela
Branch 75 against LEYCON and RCBC to compel them
to interplead their claims between themselves and to
determine which of them shall rightfully receive the
payment rentals on the subject property. In 1995,
judgment was rendered in the Unlawful Detainer case,
which ordered METROCAN to pay LEYCON whatever
rentals were due on the subject land. Said MeTC
FACTS:
RULING:
RULING:
Petition has merit. It is true that the decision ordering
the payment of rentals to Tambunting is now final and
executory. However, in connection with the suit for
interpleader filed by petitioners, said rentals were
deposited with the Clerk of Court, of which fact the
respondent judge was informed by petitioners. Such
deposits, in our opinion, constitute a bona fide
compliance with the decision of the respondent judge,
since it is undeniable that the petitioners were warned
by Angel de Leon Ong not to pay rentals to the
respondent Manuel Tambunting. That there is really a
conflicting claim between Angel de Leon Ong and
respondent Manuel Tambunting is evidenced by the
fact that there are pending in the Court of First
Instance of Manila civil case No. 815, between Manuel
Tambunting, plaintiff, and Angel de Leon Ong and Ong
Hoa, defendants, for the annulment of a contract of
sale involving the premises in question, and civil case
No. 2690, between Angel de Leon Ong, plaintiff, and
Manuel Tambunting, defendant, for the ejectment of
Complaint on the ground that petitioner and her coheirs had no valid cause of action and that they have
no primary legal right which is enforceable and binding
against RPB. On December 5, 2001, the RTC rendered
judgment, dismissing the Complaint of petitioner and
her co-heirs for lack of merit. Respondents'
Counterclaim was likewise dismissed. Petitioner and
her co-heirs filed an appeal with the CA contending
that the judicial deposit or consignation of the amount
of P127,500.00 was valid and binding and produced
the effect of payment of the purchase price of the
subject lots. In its assailed Decision, the CA denied the
above appeal for lack of merit and affirmed the
disputed RTC Decision.
RULING:
Petition lacks merit. This court quotes the CAs prior
decision to wit on consignation: consignation [is]
the act of depositing the thing due with the court or
judicial authorities whenever the creditor cannot
accept or refuses to accept payment, and it generally
requires a prior tender of payment. It should be
distinguished from tender of payment which is the
manifestation by the debtor to the creditor of his
desire to comply with his obligation, with the offer of
immediate performance. Tender is the antecedent of
consignation, that is, an act preparatory to the
consignation, which is the principal, and from which
are derived the immediate consequences which the
debtor desires or seeks to obtain. Tender of payment
may be extrajudicial, while consignation is necessarily
26 March 1976
FACTS:
Wack Wack Golf & Country Club, a non-stock, civic and
athletic corporation organized under the laws of the
Philippines, filed a complaint of interpleader. It
alleged, for its first cause of action, that defendants
Lee Won and Bienvenido Tan were both claiming
ownership over the Corporations membership fee
certificate (MFC) 201: Won, by virtue of the decision
of the CFI of Manila in civil case 26044 and by MFC
201-serial no. 1478 issued on Oct. 17, 1963 by the
deputy clerk of court for and in behalf of the president
and secretary of the corporation and of the Peoples
Bank & Trust Company; Tan, on the other hand, by
virtue of MFC 201-serial no. 1199 issued on July 24,
1950 pursuant to an assignment in his favor by Swan,