SECOND DIVISION
G.R. No. 205578, March 01, 2017
GEORGIA OSMEÑA-JALANDONI, Petitioner, v. CARMEN A. ENCOMIENDA, Respondent.
D E C I S I O N
PERALTA, J.:
This is an appeal from the Decision1 of the Court of Appeals, Cebu City (CA) dated March 29, 2012 and its Resolution2 dated December 19, 2012 in CA-G.R. CV No. 01339 which set aside the Decision3 of the Cebu Regional Trial Court (RTC), Branch 57, dated January 9, 2006, dismissing respondent Carmen Encomienda's claim for sum of money.
The facts, as shown by the records of the case, are as follows:
Encomienda narrated that she met petitioner Georgia Osmeña-Jalandoni in Cebu on October 24, 1995, when the former was purchasing a condominium unit and the latter was the real estate broker. Thereafter, Encomienda and Jalandoni became close friends. On March 2, 1997, Jalandoni called Encomienda to ask if she could borrow money for the search and rescue operation of her children in Manila, who were allegedly taken by their father, Luis Jalandoni. Encomienda then went to Jalandoni's house and handed P100,000.00 in a sealed envelope to the latter's security guard. While in Manila, Jalandoni again borrowed money for the following errands:4
On April 1, 1997, Jalandoni borrowed P1 Million from Encomienda and promised that she would pay the same when her money in the bank matured. Thereafter, Encomienda went to Manila to attend the hearing of Jalandoni's habeas corpus case before the CA where P100,000.00 more was requested. On May 26, 1997, now crying, Jalandoni asked if Encomienda could lend her an additional P900,000.00. Encomienda still acceded, albeit already feeling annoyed. All in all, Encomienda spent around P3,245,836.02 and $6,638.20 for Jalandoni.
1. Publication in SunStar Daily of Georgia's missing children P11,000.002. Reproduction of the pictures of Georgia's children 720.003. Additional reproduction of pictures 1,350.004. Plane fare for Georgia's secretary to Manila 3,196.005. Allowance of Germana Berning in going to Manila 4,080.006. Cash airbill of Kabayan Forwarders 49.507. Cash airbill of Kabayan Forwarders 49.508. Salary of Georgia's household helper Reynilda Atillo for March 16-31, 1997 750.009. Salary of Georgia's driver Billy Tano for March 16-31, 1997 2,000.0010. Petty cash for Germana Berning 250.0011. Consultancy fee of Germana Berning 7,000.0012. Filing fee of case filed by Georgia against CIS 100,500.0013. Cebu cable bill per receipt No. 197743 380.0014. Cebu cable bill per receipt No. 197742 380.0015. Bankard bill of Georgia 840.0016. Services of 2 security guards for 2/1-15/97 and 3/1-31/97 14,715.0017. One sack of rice and gasoline 1,270.0018. Food allowance for Georgia's household and payment for food ordered 2,900.0019. Shipping charge of immigration papers sent to Georgia in Manila 145.4520. Shipping charge of cellphone and easy call pager sent to Georgia 145.4521. Salary of Georgia's helper Renilda Atillo from April 1-15, 1997 750.0022. Purchase of cellphone registered in the name of Encomienda's sister, Paz 10,260.0023. Pager acquired on April 10, 1997 upon Georgia's request 6,351.0024. Wanted ad in Panay News and expenses of Georgia's secretary 8,500.0025. Salary of Billy Tano from April 1-15, 1997 2,000.0026. Water consumption of Georgia's house in Paradise Village 1,120.0027. Services of security guard from April 1-15, 1997 4,905.0028. Telephone bill for Georgia's residential phone from March 25 to April 24, 1997 3,609.7729. Telephone bill for Georgia's other telephone line 440.2030. Plane ticket for Georgia's psychic friends $1,570.0031. Petty cash for GRO Co. owned by Georgia 3,150.0032. Bill of cellphone under the name of Paz Encomienda 5,468.7033. Another bill of cellphone used by Georgia 3,923.8734. Cost of reproduction of pictures 2,500.0035. Salary of driver and house help of Georgia from May 15-31, 1997 3,250.0036. Service charge of Georgia's cellphone number 550.0037. Ritual performed in Georgia's house to drive away evil spirits 17,500.0038. Prayers for Georgia's missing children 5,500.0039. Amount given to priest who performed a blessing of the house of Georgia 500.0040. Globe cellular phone bill of Georgia as of 5/10/97 7,957.2441. Salary of Germana Berning for May 1997 6,000.0042. Amount given to priest for mass and blessing 2,500.0043. Cash given to G. Berning for payment of Georgia's phone bill 3,000.0044. Gasoline for Georgia's car paid on 6/10/97 per cash slip #221088 150.0045. Gasoline for Georgia's car paid on 6/10/97 per cash slip #220997 379.4446. Bill for Georgia's Easycall pager 1,605.0947. Security guard services for May 16-31 4,905.0048. Globe bill for cellular phone from April 18, 1997 to May 17, 1997 5,543.9849. Bill of cellular phone registered in the name of Paz Encomienda but used by Georgia paid on June 18, 1997 14,169.2150. Charge for changing the cap of Easycall pager on June 21, 1997 275.0051. Monthly bill for Georgia's Easycall pager from 7/15/97 to 10/14/97 1,551.0052. Water bill for April-May 1997 paid on June 25, 1997 1,728.3153. Cebu Cable bill paid on 6/25/97 380.0054. PLDT bill for the telephone in Georgia's residence 2,097.9855. Electric bill paid on 6/25/97 1,964.4356. Purchase of steel cabinet on 6/25/97 2,750.0057. Airbill of JRS in sending the cap of Easycall pager 20.0058. Bill for the cellphone in the name of Paz Encomienda but used by Georgia, June to July 8, 1997 8,630.1159. Penalty for downgrading of executive line of cellphone 1,045.0060. Globe cellphone bill paid on 9/10/97 1,903.0061. Charge for downgrading of cellphone plan from Advantage to Basic 660.0062. Penalty for Easycall 11/17/97 1,248.50
WHEREFORE, in view of the foregoing, this case is hereby dismissed.Therefore, Encomienda brought the case to the CA. On March 29, 2012, the appellate court granted the appeal and reversed the RTC Decision, to wit:
SO ORDERED.5
WHEREFORE, the defendant-appellant's appeal is GRANTED. The decision of the trial court dated January 9, 2006 is hereby REVERSED and SET ASIDE and in its stead render judgment against defendant-appellee Georgia Osmeña-Jalandoni ordering the latter to pay plaintiff-appellant Carmen A. Encomienda the following:Jalandoni filed a motion for reconsideration, but the same was denied.7 Hence, the instant petition.Let a copy of this Decision be served upon defendants-appellees through their respective counsels. The Division Clerk of Court is directed to furnish a copy of this Decision to plaintiff-appellant who, to date, has yet to submit the name of her new counsel following the death of appellant's original counsel of record, Atty. Richard W. Sison.
- The sum of Three Million Two Hundred Forty-Five Thousand Eight Hundred Thirty-Six (P3,245,836.02) Pesos and 02/100 and Six Thousand Six Hundred Thirty-Eight (US$6,638.20) US Dollars and 20/100;
- Legal interest of Twelve (12%) Percent from August 14, 1997 the date of extrajudicial demand.
- Attorney's fees and expenses of litigation in the amount of One Hundred Thousand (P100,000.00) Pesos.
SO ORDERED.6
x x xClearly, Jalandoni greatly benefited from the purportedly unauthorized payments. Thus, even if she asseverates that Encomienda'is payment of her household bills was without her knowledge or against her will, she cannot deny the fact that the same still inured to her benefit and Encomienda must therefore be consequently reimbursed for it. Also, when Jalandoni learned about the payments, she did nothing to express her objection to or repudiation of the same, within a reasonable time. Even when she claimed that she was prepared with her own money,9 she still accepted the financial assistance and actually made use of it. While she asserts to have been upset because of Encomienda's supposedly intrusive actions, she failed to protest and, in fact, repeatedly accepted money from her and further allowed her to pay her driver, security guard, househelp, and bills for her cellular phone, cable television, pager, gasoline, food, and other utilities. She cannot, therefore, deny the benefits she reaped from said acts now that the time for restitution has come. The debtor who knows that another has paid his obligation for him and who does not repudiate it at any time, must corollarily pay the amount advanced by such third person.10
Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor.8
Endnotes:
1 Penned by Associate Justice Gabriel T. Ingles, with Associate Justices Nina G. Antonio-Valenzuela and Pamela Ann Abella Maxino; concurring; rollo, pp. 30-54.
2 Penned by Associate Justice Gabriel T. Ingles, with Associate Justices Pamela Ann Abella Maxino; and Carmelita Salandanan Manahan; concurring; id. at 55-56.
3 Penned by Judge Enriqueta Loquillano-Belarmino; id. at 64-79.
4Rollo, pp. 31-34.
5Id. at 79.
6Id. at 53-54. (Emphasis in the original)
7Id. at 55-56.
8 Emphasis ours.
9Rollo, p. 19.
10Spouses Publico v. Bautista, 639 Phil. 147, 154 (2010).
11Spouses Tan v. Villapaz, 512 Phil. 366, 376 (2005).
12Filinvest Land, Inc., et al., v. Backy, et al., 697 Phil. 403, 412-413 (2012).
13 Pursuant to the Bangko Sentral ng Pilipinas Circular No. 799, Series of 2013; Nacar v. Gallery Frames, 716 Phil. 267 (2013).