Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 2003 > January 2003 Decisions > G.R. No. 148789 January 16, 2003 - BPI FAMILY SAVINGS BANK, ET AL. v. ROMEO MANIKAN:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 148789. January 16, 2003.]

BPI FAMILY SAVINGS BANK, INC. and HEDZELITO NOEL BAYABORDA, Petitioners, v. ROMEO MANIKAN, Respondent.

D E C I S I O N


VITUG, J.:


Petitioners seek a review of the decision of the Court of Appeals in C.A. G.R. SP. No. 48011 which has affirmed the judgment of the Regional Trial Court, Branch 26, of Iloilo City, dismissing the complaint of petitioners for mandamus and ordering them to pay respondent the sum of P30,000.00 by way of attorney’s fees.cralaw : red

It would appear that respondent, being the City Treasurer of Iloilo City, assessed petitioner bank business taxes for the years 1992 and 1993. On 26 January 1994, the bank issued two manager’s checks payable to the City Treasurer of Iloilo City, the first, Manager’s Check No. 010649 for P462,270.60, was to cover the business tax for the year 1992, and the second, Manager’s Check No. 010650 in the amount of P482,988.45, was to settle the business tax for the year 1993. Hedzelito Bayaborda, then manager of the bank’s Iloilo Branch, instructed an employee, Edmund Sabio, to deliver the two manager’s checks to the Secretary to the City Mayor, a certain Toto Espinosa, who, in turn, handed them over to his secretary, Leila Salcedo, for transmittal to the City Treasurer. The value of the checks were eventually credited to the account of the City Treasurer of Iloilo City. The checks, however, were not applied to satisfy the tax liabilities of petitioner but of other taxpayers.

The misapplication of the proceeds of the checks came to the knowledge of respondent City Treasurer who, thereupon, created a committee to look into the matter. The investigation revealed that it was upon the representation of Leila Salcedo that the manager’s checks were used to pay tax liabilities of other taxpayers and not those of petitioner bank. Meanwhile, the bank, through counsel, made a demand on respondent to issue official receipts to show that it had paid its business taxes for the years 1992 and 1993 covered by the diverted manager’s checks. When he refused to issue the receipts requested, respondent was sued by petitioners for mandamus and damages.

The Regional Trial Court dismissed the complaint for mandamus and ruled that petitioners had no clear legal right to demand the issuance of official receipts nor could respondent, given the circumstances, be compelled to issue another set of receipts in the name of the bank. The trial court further ordered petitioners to pay respondent the sum of P30,000.00 by way of attorney’s fees.

The Court of Appeals, on appeal by petitioners, sustained the trial court in toto.chanrob1es virtua1 1aw 1ibrary

In their petition for review before this Court, petitioners urge a reversal of the decision of the appellate court contending that —

"a) AN ACTION FOR MANDAMUS NECESSARILY INCLUDES INDEMNIFICATION FOR DAMAGES AND IS ASSESSED ON A PUBLIC OFFICIAL’S PRIVATE CAPACITY, HENCE, SUING A PUBLIC OFFICIAL IN HIS PRIVATE CAPACITY DOES NOT AS A MATTER OF RIGHT ENTITLE HIM TO AN AWARD OF ATTORNEY’S FEES BY WAY OF COUNTERCLAIM.

b) THE RECEIPT BY THE CITY TREASURER’S OFFICE OF ILOILO OF THE FACE VALUE OF THE TWO MANAGER’S CHECKS INTENDED FOR PAYMENT OF ITS BUSINESS TAXES FOR THE YEAR 1992 AND 1993 ENTITLES IT TO THE ISSUANCE OF AN OFFICIAL RECEIPT ENFORCEABLE BY A WRIT OF MANDAMUS."cralaw virtua1aw library

In order that a writ of mandamus may aptly issue, it is essential that, on the one hand, the person petitioning for it has a clear legal right to the claim that is sought and that, on the other hand, the respondent has an imperative duty to perform that which is demanded of him. 1 Mandamus will not issue to enforce a right, or to compel compliance with a duty, which is questionable or over which a substantial doubt exists. The principal function of the writ of mandamus is to command and to expedite, not to inquire and to adjudicate; thus, it is neither the office nor the aim of the writ to secure a legal right but to implement that which is already established. Unless the right to the relief sought is unclouded, mandamus will not issue. 2

The checks delivered by petitioner bank to Toto Espinosa were manager’s checks. A manager’s check, like a cashier’s check, is an order of the bank to pay, drawn upon itself, committing in effect its total resources, integrity and honor behind its issuance. By its peculiar character and general use in commerce, a manager’s check or a cashier’s check is regarded substantially to be as good as the money it represents. 3

By allowing the delivery of the subject checks to a person who is not directly charged with the collection of its tax liabilities, the bank must be deemed to have assumed the risk of a possible misuse thereof even as it appears to have fallen short of the diligence ordinarily expected of it. The bank, of course, is not precluded from pursuing a right of action against those who could have been responsible for the wrongdoing or who might have been unjustly benefited thereby.

The award of attorney’s fees in favor of respondent City Treasurer, however, should be deleted. Such an award, in the concept of damages under Article 2208 of the Civil Code, demands factual and legal justifications. 4 While the law allows some degree of discretion on the part of the courts in awarding attorney’s fees and expenses of litigation, the use of that judgment, however, must be done with great care approximating as closely as possible the instances exemplified by the law. Attorney’s fees in the concept of damages are not recoverable against a party just because of an unfavorable judgment. Repeatedly, it has been said that no premium should be placed on the right to litigate. 5

WHEREFORE, the instant petition is partly granted. The appealed decision is affirmed save for the award of attorney’s fees in favor of private respondent which is ordered deleted. No costs.chanrob1es virtua1 1aw 1ibrary

SO ORDERED.

Davide, Jr., C.J., Ynares-Santiago, Carpio and Azcuna, JJ., concur.

Endnotes:



1. Lim Tay v. Court of Appeals, 293 SCRA 634.

2. Pacheco v. Court of Appeals, 333 SCRA 680.

3. Bank of the Philippine Islands v. Court of Appeals, 326 SCRA 641; Tan v. Court of Appeals, 239 SCRA 310.

4. Ranola v. Court of Appeals, 322 SCRA 1.

5. Philtranco Service Enterprises, Inc. v. Court of Appeals, 273 SCRA 562; Morales v. Court of Appeals, 274 SCRA 282; American Home Assurance Company v. Chua, 309 SCRA 250.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-2003 Jurisprudence                 

  • A.C. No. 5036 January 13, 2003 - RIZALINO C. FERNANDEZ v. DIONISIO C. ISIDTO

  • A.C. No. 5764 January 13, 2003 - REUBEN M. PROTACIO v. ROBERTO M. MENDOZA

  • A.C. No. 5831 January 13, 2003 - CESAR A. ESPIRITU v. JUAN CABREDO IV

  • A.M. No. MTJ-03-1469 January 13, 2003 - ROLANDO GUYUD v. RENATO P. PINE

  • G.R. No. 121772 January 13, 2003 - ELNORA R. CORTES, ET AL. v. COURT OF APPEALS, ET.AL.

  • G.R. No. 128573 January 13, 2003 - NAAWAN COMMUNITY RURAL BANK INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 133737 January 13, 2003 - PEOPLE OF THE PHIL. v. JONATHAN DIAZ

  • G.R. Nos. 137982-85 January 13, 2003 - PEOPLE OF THE PHIL. v. SATURNINO TUPPAL

  • G.R. No. 139885 January 13, 2003 - BANGKO SENTRAL NG PILIPINAS v. JESUS G. SANTAMARIA, ET AL.

  • G.R. No. 143156 January 13, 2003 - TEDDY MOLINA v. COURT OF APPEALS, ET AL.

  • G.R. No. 146073 January 13, 2003 - JERRY E. ACEDERA v. INTERNATIONAL CONTAINER TERMINAL SERVICES

  • G.R. No. 146650 January 13, 2003 - DOLE PHIL., INC. v. PAWIS NG MAKABAYANG OBRERO

  • G.R. No. 147148 January 13, 2003 - PILAR Y. GOYENA v. AMPARO LEDESMA-GUSTILO

  • G.R. No. 147315 January 13, 2003 - PEOPLE OF THE PHIL. v. TOMAS VISPERAS, JR.

  • G.R. No. 152143 January 13, 2003 - ROMEL P. ALMEDA v. LEONOR A. CARIÑO

  • A.C. No. 5843 January 14, 2003 - JENO A. PILAPIL v. GERARDO CARILLO

  • G.R. Nos. 134823-25 January 14, 2003 - PEOPLE OF THE PHIL. v. ARTHUR PANGILINAN, ET AL.

  • G.R. Nos. 140961-63 January 14, 2003 - PEOPLE OF THE PHIL. v. BOBBY GALIGAO

  • G.R. Nos. 141112–13 January 14, 2003 - PEOPLE OF THE PHIL. v. FELIX J. LOPEZ

  • G.R. No. 147606 January 14, 2003 - PEOPLE OF THE PHIL. v. ROGELIO MIRANTE, SR.

  • A.M. Nos. 01-12-01-SC & SB-02-10-J January 16, 2003 - RE: ANACLETO D. BADOY, JR.

  • A.M. No. P-01-1476 January 16, 2003 - EMMA A. ALBELLO v. JOSE O. GALVEZ

  • G.R. Nos. 115236–37 January 16, 2003 - PEOPLE OF THE PHIL. v. BRYAN FERDINAND DY, ET AL.

  • G.R. No. 126863 January 16, 2003 - SPS. NAPOLEON and EVELYN GAZA, ET AL. v. RAMON J. LIM, ET AL.

  • G.R. No. 126908 January 16, 2003 - PHIL. NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 131860 January 16, 2003 - PEOPLE OF THE PHIL. v. MARLON MORALDE

  • G.R. No. 140468 January 16, 2003 - OLYMPIA HOUSING v. PANASIATIC TRAVEL CORP., ET AL.

  • G.R. No. 142860 January 16, 2003 - PEOPLE OF THE PHIL. v. VICTOR T. TAPERLA

  • G.R. No. 146805 January 16, 2003 - PEOPLE OF THE PHIL. v. RUEL A. EUGENIO, ET AL.

  • G.R. No. 147764 January 16, 2003 - PEOPLE OF THE PHIL. v. DANILO CUETO

  • G.R. No. 148137 January 16, 2003 - PEOPLE OF THE PHIL. v. DOMINGA CORRALES FORTUNA

  • G.R. No. 148193 January 16, 2003 - PEOPLE OF THE PHIL. v. RAFAEL JOSE CONSING

  • G.R. No. 148789 January 16, 2003 - BPI FAMILY SAVINGS BANK, ET AL. v. ROMEO MANIKAN

  • G.R. Nos. 149392–94 January 16, 2003 - PEOPLE OF THE PHIL. v. LUCILO P. UNTALAN

  • A.C. No. 5811 January 20, 2003 - MARITESS GARCIA v. ILUMINADO M. MANUEL

  • A.C. No. 5841 January 20, 2003 - EMILY SENCIO v. ROBERT CALVADORES

  • A.M. No. 99-1-01-RTC January 20, 2003 - RE: CASES LEFT UNDECIDED BY RETIRED JUDGE ANTONIO E. ARBIS, RTC, BR. 48, BACOLOD CITY

  • G.R. No. 135638 January 20, 2003 - OSCAR A. BAGO v. PEOPLE OF THE PHIL.

  • G.R. No. 136860 January 20, 2003 - PEOPLE OF THE PHIL. v. AGPANGA K. LIBNAO

  • G.R. Nos. 140546-47 January 20, 2003 - PEOPLE OF THE PHIL. v. MODESTO TEE

  • G.R. No. 140960 January 20, 2003 - LUDO & LUYM CORP. v. FERDINAND SAORNIDO, ET AL.

  • G.R. Nos. 146284-86 January 20, 2003 - PEOPLE OF THE PHIL. v. ABDUL D. MACALABA

  • G.R. No. 146458 January 20, 2003 - PEOPLE OF THE PHIL. v. MARCIAL L. LLANTO

  • G.R. No. 147511 January 20, 2003 - MARINA Z. REYES; ET AL. v. NATIONAL HOUSING AUTHORITY

  • G.R. No. 147615 January 20, 2003 - VIRGILIO SANTOS v. PEOPLE OF THE PHIL.

  • G.R. No. 149492 January 20, 2003 - JOEL LUCES v. PEOPLE OF THE PHIL.

  • G.R. No. 154198 January 20, 2003 - PETRONILA S. RULLODA v. COMELEC, ET AL.

  • A.M. No. MTJ-03-1474 January 21, 2003 - MERLITA DAPADAP Vda. DE DANAO v. MANUEL V. GINETE

  • G.R. Nos. 138539-40 January 21, 2003 - PEOPLE OF THE PHIL. v. ANTONIO C. ESTELLA

  • A.C. No. 5948 January 22, 2003 - GAMALIEL ABAQUETA v. BERNARDITO A. FLORIDO

  • A.M. No. 2002-12-SC January 22, 2003 - Re: Administrative Complaint for Non-Payment of Debt Against Nahren Hernaez

  • A.M. No. MTJ-03-1471 January 22, 2003 - PROSECUTOR ROBERT M. VISBAL v. MARINO S. BUBAN

  • A.M. No. P-02-1646 January 22, 2003 - UBALDINO A. LACUROM v. MANUEL J. MAGBANUA

  • A.M. No. P-03-1670 January 22, 2003 - JOSEPH ANGELES v. REMEDIOS C. BASE

  • A.M. No. RTJ-02-1739 January 22, 2003 - LIZA LIMLIMAN, ET AL. v. NELSONIDA T. ULAT-MARRERO

  • G.R. Nos. 123269-72 & 131243 January 22, 2003 - PEOPLE OF THE PHIL. v. MARLON SARAZAN

  • G.R. No. 131471 January 22, 2003 - CARMELITA T. PANGANIBAN v. PILIPINAS SHELL PETROLEUM CORP.

  • G.R. No. 133036 January 22, 2003 - JOY LEE RECUERDO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 135241 January 22, 2003 - PEOPLE OF THE PHIL. v. PLACIDO LUNA

  • G.R. Nos. 139637-38 January 22, 2003 - PEOPLE OF THE PHIL. v. MANUEL ESPERIDA

  • G.R. Nos. 141773-76 January 22, 2003 - PEOPLE OF THE PHIL. v. ROSENDO LAYOSO SENDONG

  • G.R. No. 142000 January 22, 2003 - TAGAYTAY HIGHLANDS INTERNATIONAL GOLF CLUB INCORPORATED v. TAGAYTAY HIGHLANDS EMPLOYEES UNION-PGTWO

  • G.R. No. 143403 January 22, 2003 - FILONILA O. CRUZ v. CELSO D. GANGAN

  • G.R. No. 145800 January 22, 2003 - CENTRAL PANGASINAN ELECTRIC COOPERATIVE v. GERONIMA MACARAEG, ET AL.

  • G.R. No. 148766 January 22, 2003 - JOSE V. SALVADOR v. PHILIPPINE MINING SERVICE CORP.

  • G.R. Nos. 152151-52 January 22, 2003 - SAADUDDIN M. ALAUYA v. COMELEC

  • A.M. No. 02-1-50-RTC January 23, 2003 - RE: DETAIL OF MR. AUSTACIO A. BAYABOS, JR. TO THE REGIONAL TRIAL COURT, BRANCH 21, MAMBUSAO, CAPIZ.

  • A.M. No. 02-9-580-RTC January 23, 2003 - RE: REPORT ON THE MONITORING OF CASES IN THE RTC, BRANCH 64, LABO, CAMARINES NORTE

  • A.M. No. MTJ-99-1238 January 24, 2003 - EDGARDO R. TORCENDE v. AGUSTIN T. SARDIDO

  • G.R. Nos. 128106-07 January 24, 2003 - PEOPLE OF THE PHIL. v. GONZALO BALDOGO

  • G.R. Nos. 143468-71 January 24, 2003 - PEOPLE OF THE PHIL. v. FREDDIE LIZADA

  • A.C. No. 5310 January 28, 2003 - LINA P. VILLAROSA, ET AL. v. OSMONDO V. POMPERADA

  • A.M. No. 02-1414-MTJ January 28, 2003 - MARCELO E. GRAVELA v. OSMUNDO M. VILLANUEVA

  • A.M. No. 96-1-05-RTC January 28, 2003 - SALVADOR S. ABAD SANTOS v. SALVADOR P. DE GUZMAN

  • A.M. No. P-02-1582 January 28, 2003 - AGUSTIN OLIVEROS v. MURIEL S. SAN JOSE

  • A.M. No. RTJ-02-1680 January 28, 2003 - VICENTE A. PICHON v. LUCILO C. RALLOS

  • G.R. Nos. 120625-29 January 28, 2003 - PEOPLE OF THE PHIL. v. CARLITO M. MARAHAY

  • G.R. Nos. 122544 & 124741 January 28, 2003 - REGINA P. DIZON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 124474 & 139972-78 January 28, 2003 - PEOPLE OF THE PHIL. v. SILVERIO MONTEMAYOR

  • G.R. Nos. 126147 & 143925-26 January 28, 2003 - PEOPLE OF THE PHIL. v. LEONCIO LAWA

  • G.R. No. 132163 January 28, 2003 - GRACIANO PAPUNAN v. DEPARTMENT OF AGRARIAN REFORM ADJUDICATION BOARD, ET AL.

  • G.R. No. 135306 January 28, 2003 - MVRS PUBLICATIONS, ET AL. v. ISLAMIC DA’WAH COUNCIL OF THE PHIL., ET AL.

  • G.R. No. 136112 January 28, 2003 - CONRADO M. VICENTE, ET AL. v. PLANTERS DEVELOPMENT BANK, ET AL.

  • G.R. Nos. 136870-72 January 28, 2003 - PEOPLE OF THE PHIL. v. WILSON G. SALVADOR

  • G.R. No. 137407 January 28, 2003 - PEOPLE OF THE PHIL. v. WILLERIE AVENDAÑO

  • G.R. No. 138404 January 28, 2003 - PEOPLE OF THE PHIL. v. RAFAEL CALOZA, JR.

  • G.R. No. 140402 January 28, 2003 - PEOPLE OF THE PHIL. v. ERASTO ACOSTA, ET AL.

  • G.R. No. 140473 January 28, 2003 - MELBA MONCAL ENRIQUEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142773 January 28, 2003 - PEOPLE OF THE PHIL. v. MARLON DELIM, ET AL.

  • G.R. Nos. 145007-08 January 28, 2003 - FIDEL AMARILLO v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 148468, 148769 & 149116 January 28, 2003 - EDWARD SERAPIO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 149199 January 28, 2003 - PEOPLE OF THE PHIL. v. NEMESIO BON

  • G.R. No. 149440 January 28, 2003 - HACIENDA FATIMA, ET AL. v. NATIONAL FEDERATION OF SUGARCANE WORKERS-FOOD AND GENERAL TRADE

  • G.R. No. 151218 January 28, 2003 - NATIONAL SUGAR TRADING and/or the SUGAR REGULATORY ADMINISTRATION v. PHILIPPINE NATIONAL BANK

  • G.R. No. 124267 January 31, 2003 - NATIONAL COMMERCIAL BANK OF SAUDI ARABIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 132765 January 31, 2003 - GLICERIO R. BRIOSO v. SALVADORA RILI-MARIANO, ET AL.

  • G.R. Nos. 140727-28 January 31, 2003 - PEOPLE OF THE PHIL. v. RAQUIM PINUELA

  • G.R. Nos. 144989-90 January 31, 2003 - PEOPLE OF THE PHIL. v. JOVITO MANALO