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G.R. No.183204, G.R. No. 209969, G.R. Nos. 198729-30
G.R. No.183204, G.R. No. 209969, G.R. Nos. 198729-30
Issue:
Whether respondents have an obligation to the bank for the “Hold Out”
clause to apply.
Ruling: None. The "Hold Out" clause applies only if there is a valid and
existing obligation arising from any of the sources of obligation enumerated
in Article 115779 of the Civil Code, to wit: law, contracts, quasi-contracts,
delict, and quasi-delict. In this case, petitioner failed to show that
respondents have an obligation to it under any law, contract, quasi-contract,
delict, or quasi-delict.
Issue:
Whether or not Sanico (employer/operator) and Castro (driver) breached
the contract of carriage with Colipano (passenger)
Issue :
Whether the principle of solutio indebiti is applicable in the case, thus
entitling petitioner to its claim.
Ruling: No. Also devoid of merit is the applicability of the principle of solutio
indebiti to the present case. According to this principle, if something is
received when there is no right to demand it, and it was unduly delivered
through mistake, the obligation to return it arises. In that situation, a
creditor-debtor relationship is created under a quasi-contract, whereby the
payor becomes the creditor who then has the right to demand the return of
payment made by mistake, and the person who has no right to receive the
payment becomes obligated to return it.21 The quasi-contract of solutio
indebiti is based on the ancient principle that no one shall enrich oneself
unjustly at the expense of another.