In Carolyn Garcia v. Rica Marie Thio, G.R. No.

154878, March 16, 2007, Rica received from Carolyn a crossed check in the amount of $100,000.00 payable to the order of Marilou Santiago. Thereafter, Carolyn received from Rica payments. Again, Rica received a check in the amount of P500,000.00 from Carolyn and payable to the order of Marilou and payments were again made by her representing interests. There was failure to pay the principal amounts hence, a complaint for sum of money with damages was filed. Rica contended that she had no obligation to her as it was Marilou who was indebted as she was merely asked to deliver the checks to Marilou and that the check payments she issued were merely intended to accommodate Marilou. The RTC ruled in favor of Carolyn but the CA reversed on the ground that there was no contract between Rica and Carolyn. On appeal, the SC

Held: There was a contract of loan between Carolyn and Rica.

A loan is a real contract, not consensual, and as such is perfected only upon the delivery of the object of the contract. This is evident in Art. 1934 of the Civil Code which provides:

An accepted promise to deliver something by way of commodatum or simple loan is binding upon the parties, but the commodatum or simple loan itself shall not be perfected until the delivery of the object of the contract. (Emphasis supplied)

Upon delivery of the object of the contract of loan (in this case the money received by the debtor when the checks were encashed) the debtor acquired ownership of such money or loan proceeds and is bound to pay the creditor an equal amount. (Naguiat v. CA, G.R. No. 118375, October 3, 2003, 412 SCRA 591).

It is undisputed that the checks were delivered to Rica. However, these checks were crossed and payable not to the order of Rica but to the order of a certain Marilou Santiago.

The Court agree with petitioner. Delivery is the act by which the res or substance thereof is placed within the actual or constructive possession or control of

another. (Buenaflor v. CA, G.R. No. 142021, November 29, 2000, 346 SCRA 563). Although Rica did not physically receive the proceeds of the checks, these instruments were placed in her control and possession under an arrangement whereby she actually re-lent the amounts to Marilou.

Several factors support this conclusion.

(1) Carolyn did not know personally Marilou. This was admitted by Rica, hence, it is not possible for Carolyn to grant loans in such big sum of money even without any acknowledgment of debt. It was Rica who had transactions with Marilou.

(2) It is unbelievable that Rica would put herself in a position where she would be compelled to pay interest out of her own funds for loans she never contracted.

(3) When Marilou filed a petition for insolvency, it was Rica who was listed as a debtor.

Hence, Rica is the debtor and not Marilou. In People v. Mala, G.R. No.152351, September 18, 2003, 411 SCRA 327 and People v. Dayag, 155 Phil. 421 (1974), it was ruled that:

In the assessment of the testimonies of witnesses, this Court is guided by the rule that for evidence to be believed, it must not only proceed from the mouth of a credible witness, but must be credible in itself such as the common experience of mankind can approve as probable under the circumstances. We have no test of the truth of human testimony except its conformity to our knowledge, observation, and experience. Whatever is repugnant to these belongs to the miraculous, and is outside of juridical cognizance.

No interest if there is no written agreement to pay it; exception.

Whether the debtor is liable to pay interest since there was no written agreement to pay interest, the SC

Held: No, because no interest shall be due unless it has been expressly stipulated in writing. (Art. 1956, NCC).

Be that as it may, while there can be no stipulated interest, there can be legal interest pursuant to Article 2209 of the Civil Code. It is well-settled:

When the obligation is breached, and it consists in the payment of a sum of money, i.e., a loan or forbearance of money, the interest due should be that which may have been stipulated in writing. Furthermore, the interest due shall itself earn legal interest from the time it is judicially demanded. In the absence of stipulation, the rate of interest shall be 12% per annum to be computed from default, i.e., from judicial or extrajudicial demand under and subject to the provisions of Article 1169 of the Civil Code. (Eusebio-Calderon v. People, G.R. No. 158495, October 21, 2004, 441 SCRA 137; Eastern Shipping Lines, Inc. v. CA, G.R. No. 97412, July 12, 1994, 234 SCRA 78; Garcia v. Thio, G.R. No. 154878, March 16, 2007).

Hence, Rica is liable for the payment of legal interest per annum to be computed from the date when she received the demand letter. From the finality of the decision until it is fully paid, the amount due shall earn interest at 12% per annum, the interim period being deemed equivalent to a forbearance of credit. (Cabrera v. People, G.R. 150618, July 24, 2003, 407 SCRA 247).

Delos Santos v Jarra (Digest)

G.R. No. L-4150 February 10, 1910
[Torres, J.:] Facts: Plaintiff owned 10 1st class carabaos which he lent to his father-in-law Jimenea without compensation upon the condition that they shall be returned after the work at the latters mill is terminated. Plaintiff then demanded the return of the animals since the work at the mill has been done already but Jimenea refused. When Jimenea died, defendant Jarra was placed as administatrix of Jimeneas estate Issue: W/N the contracts is one of a commodatum Ruling: YES. The carabaos were loaned or given on commodatum as these were delivered to be used by defendant. When the defendant failed to return them upon demand, he is under the obligation to indemnify the plaintiff by paying him their value. Since the 6 carabaos were not the property of the deceased or of any of his descendants, it is the duty of the administratrix of the estate to return them or indemnify the owner for their value.

BPI INVESTMENT VS. C.A.

G.R. No. 133632. February 15, 2002

credit transactions: Loan (Mutuum): A loan contract is not a consensual contract but a real contract. It is perfected upon delivery of the object of the contract. obligations and contracts: Reciprocal Obligations: It is a basic principle in reciprocal obligations that neither party incurs in delay, if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him.

FACTS: Frank Roa obtained a loan at 16 1/4% interest rate per annum from Ayala Investment and Development Corporation. For security, Roa's house and lot were mortgaged. Later, Roa sold the

house and lot to ALS and Antonio Litonjua, who assumed Roa's debt to Ayala Investment. Ayala Investment, however, granted a new loan to be applied to Roa's debt, secured by the same property at a different interest rate of 20% per annum. When ALS and Litonjua failed to pay, BPIIC, successor to Ayala Investment, filed for foreclosure of mortgage. ISSUE:

W/N a contract of loan is a consensual contract

HELD: A loan contract is not a consensual contract but a real contract. It is perfected upon delivery of the object of the contract. Although a perfected consensual contract can give rise to an action for damages, it does not constitute a real contract which requires delivery for perfection. A perfected real contract gives rise only to obligations on the part of the borrower. In the present case, the loan contract was only perfected on the date of the second release of the loan. A contract of loan involves a reciprocal obligation, wherein the obligation or promise of each party is the consideration for that of the other. It is a basic principle in reciprocal obligations that neither party incurs in delay, if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. Only when a party has performed his part of the contract can he demand that the other party also fulfills his own obligation and if the latter fails, default sets in. DECISION: The payment of amortization should accrue from the time BPIIC released the loan amount to ALS and Litonjua because it was only at that time (the delivery of the amount -- the object of the contract) that the loan contract was perfected.