G. R. No.
205578
March 01, 2017
GEORGIA OSMENA-JALANDONI, petitioner VS.
CARMEN A. ENCOMIENDA, respondent
FACTS
Georgia Jalandoni, former purchaser of
condominium unit and become a real estate broker
and a close friend of Ecomienda. March 2, 1997,
Jalandoni borrowed a P 100, 000 cash from
Encomienda for search and rescue operation of her
children in Manila. Encomienda handed the money
in sealed envelope to the guard house of Jalandoni.
Jalandoni again borrowed money for her errand
and P1, 000,000 with the promise to pay. May 26,
1997, Jalandoni asked again Encomienda if she can
borrow an additional P900, 0000. Encomienda is
annoyed as she spent a total of P3, 245,836.02 &
P6, 638.20 for Jalandoni.
Jalandoni came back to Cebu July 14 and never
informed her friend. Encomienda gave Jalandoni six
weeks to settle her debt but still no response. As she
insisted that it is not a loan but an offer of a friend.
RULLING:
YES. Because whoever pays for another may demand
from debtor what she has paid accepted she paid
without the knowledge or against the will of debtor, he
can recover only as payment has been beneficial =to
debtor. Clearly Jalandoni greatly benefited FROM
unauthorized payment. And even if she insisted that
ENcomienda’s payment of her household bill was
without her knowledge, she cannot deny the fact that the
same still inured to her benefit and Encomienda must
therefore be reimbursed.
Encomienda file a complaint and pleaded
Georgia’s husband. Jalandoni state that it
is only a friendly offer from Encomienda
and not a loan. Encomienda continue to
pursue Jalandoni but Jalandoni refused that
cause Emienda to demand for the payment
of debt.
January 09, 2006, RTC of Cebu
dismissed Encomienda’s complaint.
And the case was brought to CA.
March 29, 2012 appellate court granted
the appeal and reversed RTC decision
Georgia Jalandoni ordering the latter to
pay plaintiff-appellant Carmen
Encomienda the ff:
1. P3, 245,836.02 and 02/100 and
$6,638.20 and 20/100.
2. Legal interest of 12% from
August 14, 1997 date of judicial
demand.
3. Attorney’s fees and expenses of
liigation amounted to P100, 000.
ISSUE:
ISSUE:
Whether or not Encomienda is entitled to be
reimbursed for the amounts she defrayed
for Jalandoni