G.R. No.
L-10141 January 31, 1958 Apostols Contention: (in the case filed by Republic)
REPUBLIC OF THE PHILIPPINES, petitioner,
vs.
PHILIPPINE RESOURCES DEVELOPMENT CORPORATION and the COURT OF APPEALS,
respondents.
DOCTRINE: Article 1458 of the new Civil Code provides that the purschaser may pay "a price
certain in money or its equivalent," which means that they meant of the price need not be in
money.
FACTS:
1. On May 6, 1955, the Republic of the Philippines in representation of the Bureau of Prisons
instituted against Macario Apostol and the Empire Insurance Co. a complaint .
2. The complaint alleges 2 cause of action.
A. First, Apostol purchased from Bureau of Prisons goods valued at P15,878.59. This is
by virtue of Apostol being the highest bidder. (P450.00/ ton for 100 tons of Palawan
Almaciga.
However, he paid only P691.10 leaving a balance obligation of P15,187.49.
B. Apostol again purchased logs valued at P65.830.00 by virtue of being the best bidder
(88.00 /1,000 board feet for 3 million board feet of logs
He also failed to pay a balance account Of P18,827.57.
Total demand set forth in complaint against Apostol is for P34,015.06 with legal interests
thereon.
3. Philippine Resources Development Corporation moved to intervene stating that:
Apostol, then the president of the corporation, without the knowledge or consent of the
stockholders, disposed of goods deposited in a warehouse by delivering the same to the
Bureau of Prisons in an attempt to settle his personal debts.
Upon discovery of Apodol's act, the corporation took steps to recover said goods by
demanding from the Bureau of Prisons the return thereof; but the latter refused.
Hence,the motion to intervene.
1. He already paid so he sought the dismissal of the complaint.
Republics Contention:( In the intervention of PRDC)
1. The intervenor has no legal interest in the matter in litigation, because the action against
Macario Apostol is just for the collection from the defendant Apostol of a sum of money, the
unpaid balance of the purchase price of logs and almaciga bought by him from the Bureau of
Prisons, whereas the intervenor seeks to recover ownership and possession of G. I. sheets,
black sheets, M. S. plates, round bars and G. I. pipes that it claims its owns-an intervention
which would change a personal action into one ad rem and would unduly delay the disposition
of the case.
2. Petitioner lacks legal capacity to sue and counsel is acting merely in an individual capacity
without the benefit of the corporate act authorizing him to bring sue
PRDCs basis: Petitioner refers to the particulars recited in Apostol's answer that he had paid
among others, by BPPO 1077 (892 pieces of GI sheets ) for the sum of P4,638.40 and BPPO
1549 (399 pieces of And that these have not been credited to Apostol's account in view of lack
of supporting papers.
ISSUE: Whether the delivery of goods is tantamount to payment, thereby affecting PRDC who
in turn can intervene-Yes
CA RULING: PRDC can intervene
It is true that the very subject matter of the original case is a sum of money. But it is likewise
true that the materials purportedly belonging to the petitioner corporation have been assessed
and evaluated and their price equivalent in terms of money have been determined; and that
said materials for whatever price they have been assigned by Apostol as tokens of payment of
his private debts with the Bureau of Prisons. In view of these considerations, it becomes
enormously plain in the event the respondent judge decides to credit Apostol with the value of
the goods delivered by the latter to the Bureau of Prisons, the petitioner corporation stands to
be adversely affected by such judgment. The conclusion, therefore, is inescapable that the
petitioner possesses a legal interest in the matter in litigation and that such interest is of an
actual, material, direct and immediate nature as to entitle petitioner to intervene.
SC RULING:
GOODS as Payment-Y

We find no reason for disturbing the foregoing pronouncements. The Government argues that
"Price . . . is always paid in terms of money and the supposed payment being in kind, it is no
payment at all, "citing Article 1458 of the new Civil Code.

However, the same Article provides that the purschaser may pay "a price certain in money or
its equivalent," which means that they meant of the price need not be in money.

Whether the G.I. sheets, black sheets, M. S. Plates, round bars and G. I. pipes claimed by the
respondent corporation to belong to it and delivered to the Bureau of Prison by Macario
Apostol in payment of his account is sufficient payment therefore, is for the court to pass upon
and decide after hearing all the parties in the case. Should the trial court hold that it is as to
credit Apostol with the value or price of the materials delivered by him, certainly the herein
respondent corporation would be affected adversely if its claim of ownership of such sheets,
plates, bars and pipes is true.

RIGHT TO INTERVENE-Y

As to Republics contention #2

The claim of the counsel for the petitioner that a resolution to proceed against Apostol, had
been unanonimously adopted by the stockholders of the corporation, has not been refuted.

The power to sue is lodged in the bod and not in the president . Even if there was no
authorization ,the fact that counsel is the secretary treasurer and member of the board of
directors; and that the other members, namely, Macario Apostol, and his wife who should
normally initiate the action are the ones to be adversely affected thereby, a single stockholder
under such circumstances may sue in behalf of the corporation.