GR 8421; (September, 1914) (Digest)
G.R. No. 8421 ; September 25, 1914
JACINTA ESCAÑO, with her husband, Nicanor Martinez, plaintiff-appellant, vs. THE HEIRS OF THE DECEASED FERNANDO ESCAÑO, named Agustina Faelnar, Nemesio, Teresa, Marciana, Agustin, Bernabela, Lorenzo, Paz, Maerta and Edilberto Escaño y Faelnar, and PASTOR NAVARRO, sheriff of Leyte, defendants-appellants.
FACTS:
Jacinta Escaño filed an action to recover the sum of P20,791.81 from the heirs of Fernando Escaño. This amount represented her alleged share in Fernando’s estate (P11,151.56) and the proceeds from the sale of a parcel of land to the defendants (P3,500). She admitted owing the defendants P16,739.89 from a prior judgment against her and sought to offset this debt against her claim. She also alleged that the sheriff’s threats to execute the judgment caused her P5,000 in damages. The defendants denied all allegations. The trial court dismissed the complaint, ruling that the plaintiff failed to state a cause of action against the defendants.
ISSUE:
Whether the plaintiff has a valid cause of action against the defendant-heirs for the recovery of the sums claimed, and whether legal compensation (offset) is proper under the circumstances.
RULING:
The Supreme Court affirmed the trial court’s dismissal of the complaint.
1. No Cause of Action Against the Defendant-Heirs: The Court found that, based on the plaintiff’s own allegations and admissions, the sums claimed were not owed by the defendant-heirs in their personal capacities. The plaintiff’s share from Fernando Escaño’s estate and the proceeds from the land sale were received and held by the commercial association “Viuda e Hijos de Escaño,” of which the defendants were members. The plaintiff’s letter to the sheriff (Exhibit 5) explicitly stated that this association possessed the funds she sought. Since the debt was owed by the association as a separate entity, and not by the heirs individually, the action against the defendants personally could not be maintained.
2. Compensation is Not Proper: The Court held that legal compensation could not apply. Under Article 1195 of the Civil Code, compensation requires that two persons be mutually creditors and debtors of each other in their own right. Here, the debt the plaintiff sought to offset (P16,739.89) was a judgment in favor of the defendants personally against her. In contrast, the debt she claimed (P20,791.81) was owed by the association “Viuda e Hijos de Escaño” to her. Since the parties to the respective debts were not the same, compensation was legally impermissible.
3. Claim for Damages: The Court found no evidence in the record to justify the award of P5,000 in damages for the sheriff’s alleged threats.
Therefore, the judgment of the lower court was affirmed.
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