Commercial Credit Corporation Cdo Vs CA (1989)

062.
COMMERCIAL CREDIT CORPORATION CDO VS CA (1989)

COMMERCIAL CREDIT CORPORATION CAGAYAN DE ORO, petitioner,
vs.
THE COURT OF APPEALS and THE CAGAYAN DE ORO COLISEUM, INC., respondents.
G.R. No. 78315
January 2, 1989
GANCAYCO, J.:
FACTS: Sometime in 1978 private respondent Cagayan De Oro Coliseum, Inc. executed a promissory note in the
amount of P329,852.54 in favor of petitioner Commercial Credit Corporation of Cagayan de Oro, payable in 36 monthly
installments. The note is secured by a real estate mortgage duly executed by private respondent in favor of petitioner.
As said respondent defaulted in the payment of the monthly installments due, petitioner proceeded with the
extrajudicial foreclosure of the real estate mortgage in September, 1979.
Five minority stockholders of private respondent then instituted Special Civil Action No. 68111 in the then Court of First
Instance (CFI) of Misamis Oriental questioning the power of the private respondent to execute the real estate mortgage
without the consent of its stockholders. In due course a compromise agreement was entered into by the parties on the
basis of which a compromise judgment was rendered by the trial court on March 11, 1980.
However as private respondent failed to comply with the terms of the judgment for failure to pay several installments
in the amount of P70,152.65 which matured on July 13, 1982, petitioner filed an ex-parte motion for the issuance of a
writ of execution on March 4, 1983. The Court granted the said motion. A notice of auction sale was issued. Private
respondent filed a motion for reconsideration of said order alleging that it had paid its obligation. The execution of the
writ was suspended pending consideration of said motion. An opposition thereto was filed by petitioner to which a
reply was filed by the private respondent and, in turn, the comment of the petitioner was also submitted. Trial court
denied said motion for reconsideration and, accordingly, a writ of execution was issued. The Deputy Provincial Sherif
set the auction sale. However, said auction sale did not take place as scheduled due to some internal problems in the
office of sherif.
Private respondent then filed a special civil action in the Court of Appeals to annul said compromise-judgment, alleging
that the trial court acted in serious violation of law and/or in grave abuse of discretion. In due course, a decision was
rendered by said appellate court denying the petition.
A motion for reconsideration of the decision was filed by petitioner but was denied.
On the other hand, private respondent also filed a motion for reconsideration and comment on the petitioner's motion
for reconsideration. On May 19, 1987, respondent Court issued a resolution DENYING said motion for lack of merit.
As to the said second part of petitioner's motion for reconsideration, for clarity, the dispositive portion of the February
13, 1987 decision is re-worded to read as follows:
WHEREFORE, the present petition is GRANTED in the sense that efective March 16, 1983, the overdue
and unpaid installments shall earn one half per cent (1/2%) per month penalty charge until fully paid,
plus two per cent (2%) of the outstanding balance as additional attorney's fees.
Hence, the herein petition for review on certiorari.
ISSUE: Whether or not a compromise judgment which was found by the Court of Appeals to be lawful may be modified
by the same court.
RULING: The petition is impressed with merit. It is axiomatic that a compromise judgment is final and immediately
executory. Once a judgment becomes final and executory, the prevailing party can have it executed as a matter of
right and the execution becomes a ministerial duty on the part of the court . A judicial compromise has the force and
efect of res judicata.
Such a final and executory judgment cannot be modified or amended. If an amendment is to be made, it may consist
only of supplying an omission, striking out a superfluity or interpreting an ambiguous phrase therein in relation to the
body of the decision which gives it life . A compromise judgment should not be disturbed except for vices in consent or
forgery.
In the present case, the compromise agreement was voluntarily entered into by the parties assisted by their respective
counsel and was duly approved by the trial court. Indeed, it was confirmed by the respondent appellate court to be
lawful. There was, therefore, no cogent basis for the respondent appellate court to modify said compromise agreement
by reducing the penalty and attorney's fees provided for therein.
In spite of the protestation of private respondent that the penalty and interests provided in the compromise agreement
was violative of the Usury Law, the respondent appellate court, applying the provisions of Central Bank Circular No.
721, found no violation thereof as in fact the imposition of the penalty is sanctioned by Article 1226 of the Civil Code.
The respondent court cited the De Venecia vs. Del Rosario where this Court held that in the absence of a stipulation to
the contrary, recovery of both the penalty and the interest until full payment of the debt is allowed under existing
laws.
The modification of said compromise judgment by the respondent appellate court is predicated on the provision of
Article 1229 of the Civil Code which provides as follows:
ART. 1229. The Judge shall equitably reduce the penalty when the principal obligation has been partly
or irregularly complied with by the debtor. Even if there has been no performance, the penalty may
also be reduced by the courts if it is iniquitous or unconscionable.
The foregoing provision of the law applies only to obligations or contract, subject of a litigation, the condition being
that the same has been partly or irregularly complied with by the debtor. The provision also applies even if there has
been no performance, as long as the penalty is iniquituous or unconscionable. It cannot apply to a final and executory
judgment.
When the parties entered into the said compromise agreement and submitted the same for the approval of the trial
court, its terms and conditions must be the primordial consideration why the parties voluntarily entered into the same.
The trial court approved it because it is lawful, and is not against public policy or morals. Even the respondent Court of
Appeals upheld the validity of the said compromise agreement. Hence, the respondent court has no authority to
reduce the penalty and attorney's fees therein stipulated which is the law between the parties and is res judicata.
WHEREFORE, the petition is GRANTED.

Commercial Credit Corporation Cdo Vs CA (1989)

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062.

COMMERCIAL CREDIT CORPORATION CDO VS CA (1989)

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