When Allowed - Rural Bank of Malasiqui, Inc. v. Ceralde
When Allowed - Rural Bank of Malasiqui, Inc. v. Ceralde
When Allowed - Rural Bank of Malasiqui, Inc. v. Ceralde
DECISION
BERSAMIN, J : p
Decision of the CA
On appeal, the respondents argued that the rule on estoppel did not
apply because the petitioner had been aware
from the beginning of the existence of the tenants on their
landholdings; that respondent Romeo M. Ceralde had testified that Atty.
Dolores Acuña, the president of the petitioner, had directly informed
him that their loan application would be granted if he could
secure the certificate of non-tenancy from the Municipal Agrarian Reform
Officer (MARO) whose office was just across from the petitioner's
premises; that Romeo had further testified that their tenants were depositing
their harvests in the warehouse owned by Atty. Acuña, thereby
indicating that the petitioner had been well aware of the tenanted
condition of the lands; and that because such testimonies were not
controverted, objections thereto were already waived.
As earlier mentioned, on April 15, 2003, the CA
reversed the RTC, 7 ruling thusly:
Appellants assert, in this appeal, that the court a quo committed
error in finding them guilty of, or barred by, estoppel. They
argue that the rule on estoppel does not apply to them because
appellee rural bank was also aware from the beginning that they have
tenants on their landholdings used as collateral for their loans. Thus, in
granting the loans, appellee rural bank was also in bad faith. Appellant
Romeo Ceralde testified that he was told by the president of appellee
rural bank that their loan will be granted if he could secure a
certificate of non-tenancy from the Municipal Agrarian Reform Leader
whose office is just in front of the rural bank. He further
testified that their tenants were the ones depositing their harvests
in the warehouse owned by Atty. Dolores
Acuña, the President of appellee rural bank,
apparently to bolster the contention that appellee rural bank was
aware that appellants' lands are tenanted.
The other appellant, Eduardo Ceralde, testified also
along the same line. These testimonies were not
controverted by appellee rural bank which,
accordingly, is deemed to have waived its objection
thereto. The argument is well taken considering that the rule on
estoppel has no application where the knowledge or
means of knowledge of both parties is equal, as in the instant case.
Appellee is therefore likewise in estoppel. And having performed
affirmative acts, advising them to submit certificates of non-tenancy
upon which appellants based their subsequent actions, cannot
thereafter refute its acts or renege
on the effects of the same, to the prejudice of the latter. To allow it to d
o so would be tantamount to conferring upon it the liberty to limit its
liability at its whim and caprice, which is against the very
principles of equity and natural justice.
Appellants further asserted that the Court a quo erred in not
declaring that the extrajudicial foreclosure by the appellee rural
bank of the mortgages on their landholdings is contrary to law and,
therefore, void ab initio.
It is undisputed that when informed by appellee rural
bank of the impending foreclosure of their mortgages, appellant
Romeo Ceralde went to see the manager of appellee rural
bank to inform her that the Land Bank of the Philippines will
be the one to pay their mortgage obligations.
Notwithstanding the information and apparent
objection to the impending foreclosure, appellee went ahead
with the foreclosure proceedings and, thereafter,
sought the registration of the properties in its name. Eventually,
appellee sold the same to the tenants for a total sum of P140,000.00,
in the process depriving appellants of their
right to receive the sum of P119,912.00 representing the net
value of their landholdings alter deducting the amount of P28,088.00
for which the properties were sold to appellee rural bank at the public
auction sale.
Again, appellants' argument appears to be well
taken. The pertinent provision of the Agrarian Reform Code provides,
as follows:
"In the event there is existing lien or encumbrance
on the land in favor of any Government lending institution
at the time of acquisition by the Bank, the landowner
shall be paid the net value of the land
(i.e., the value of the land determined under Proclamation
No. 27 minus the outstanding
balance/s of the obligation/s secured by the line/s or
encumbrance/s), and the outstanding
balance/s of the obligations to the lending institution/s
shall be paid by the Land Bank in Land Bank bonds or
other securities existing charters of these
institutions to the contrary notwithstanding. A similar
settlement may be negotiated by the Land Bank
in the case of obligations secured by liens or
encumbrances in favor of private parties or
institutions." (Underscoring supplied)
As stated by the Secretary of Justice in his Opinion No. 92,
series of 1978, in a similar case or situation, "the Land Bank is thus
charged with the obligation to settle or
negotiate the settlement of the obligations secured by the mortgage,
lien or encumbrance whether the lender is a government or a private
lending institution. This assumes that the right of the mortgagee
(appellee) to enforce its lien through foreclosure proceedings against
appellants' landholdings no longer subsists." Verily, therefore, appellee
violated the law, Section 80 of the Agrarian Reform Code,
when it enforced its lien against appellants properties through
foreclosure proceedings.
In respect of the lower court's findings that appellants are
guilty of laches, the same cannot be allowed to prosper.
"The question of laches is addressed to the sound
direction of the court and since laches is an equitable doctrine, its
application is controlled by equitable considerations. It cannot be
applied to defeat justice or to perpetuate fraud."
Besides, it appears that the properties were sold or the mortgages
foreclosed on 12 July 1983 while the complaint was filed on 12 July
1993. As provided for under Article 1142 of the Civil Code, "A
mortgage action prescribes after ten years." Obviously, appellants'
right of action has not yet prescribed.
Apparently, as the foregoing discussion indicates the trial court
has indeed committed errors which warrant the reversal of its decision
in the present aforementioned case. DETACa
II
The petitioner argues that it did not violate Republic Act No. 3844,
because Operation Land Transfer (OLT) of the Department of Agrarian
Reform (DAR) had not yet been implemented at the time the title was
consolidated in its name.
The argument is absolutely devoid of factual
foundation. The records of the case
indicate that the expropriation by the Government
preceded the consolidation of title
in the name of the petitioner. The landholdings were placed under the OLT in
1980 and 1981, and the certificates of land transfer (CLTs) were then issued
as a consequence. 16 Although the respondents had obtained the loans
from the petitioner in 1978, 1980, 1981 and 1982, the petitioner had
foreclosed the mortgages only on July 12, 1983, and the title was
consolidated in the name of the petitioner only on August 14, 1984. It also
appears that the respondents had informed the petitioner prior to the actual
foreclosure on July 12, 1983 that the mortgage obligation would be
paid by the Land Bank of the Philippines.
Still, the petitioner, insisting that it did not violate Section 80 of Republic
Act No. 3844, submits that it was Section 71 of Republic Act No.
6657 that should govern. It contends that because Section 71 did not
disallow it as a banking or financial institution to hold any mortgage
rights, it could then validly acquire title to the mortgaged properties.
The contention of the petitioner cannot be upheld.
Section 80 of Republic Act No. 3844, as amended by Section
7 of Presidential Decree No. 251, declares:
Section 80. Modes of Payment. — The Bank shall
finance the acquisition of farm lots under any of the following
modes of settlement:
1. Cash payment of 10% and balance in 25-year tax-free
6% Land Bank bonds;
2. Payment of 30% in preferred shares of stock
issued by the Bank and balance in 25-year tax-free 6%
Land Bank bonds;
3. Full guarantee on the payment of the fifteen (15) equal
annual amortizations to be made by the tenant/farmer;
4. Payment through the establishment of annuities or
pensions with insurance;
5. Exchange arrangement for government stocks in
government-owned controlled corporations or private
corporations where the government has holdings;
6. Such other modes of settlement as may be further
adopted by the Board of Directors and
approved by the President of the Philippines.
In the event there is existing lien or encumbrance on the land in
favor of any Government lending institution
at the time of acquisition by the Bank, the landowner shall be
paid the net value of the land (i.e., the value of the land determined
under Proclamation No. 27 minus the outstanding
balance/s of the obligation/s secured by the lien/s or encumbrance/s),
and the outstanding balance/s of the obligations to the lending
institution/s shall be paid by the Land Bank in Land Bank bonds or
other securities; existing charters of those institutions to the contrary
notwithstanding. A similar settlement may be negotiated by the Land
Bank in the case of obligations secured by liens or encumbrances in
favor of private parties or institutions.
Whenever the Bank pays the whole or a portion of the total
cost of farm lots, the Bank shall be subrogated by reason
thereof, to the right of the landowner to collect and receive the yearly
amortizations on farm lots or the amount paid including interest
thereon, from tenant/farmers in whose favour said farm lots had been
transferred pursuant to Presidential Decree No. 27, dated October 21,
1972.
The profits accruing from payment shall be exempt from the tax
on capital gains.
Section 71 of Republic Act No. 6657 reads:
Section 71. Bank Mortgages. — Banks and other financial
institutions allowed by law to hold mortgage rights or security interests
in agricultural lands to secure loans and other obligations of borrowers,
may acquire title to these mortgaged properties, regardless of area,
subject to existing laws on compulsory transfer of foreclosed assets
and acquisition as prescribed under Section 13 of this Act.
The texts show that Section 80 of Republic Act No. 3844 and Section
71 of Republic Act No. 6657 were not inconsistent with each other, but
actually complemented each other. Section 80, as amended by Presidential
Decree No. 251, only stated that the Land Bank of the Philippines would
be the institution to pay the private lending institutions. Equally relevant
was that Section 75 17 of Republic Act No.
6657 stipulated that the provisions of Republic Act No. 3844 would have
suppletory effect to Republic Act No. 6657. Absent the inconsistency between
Section 80 of Republic Act No. 3844 and Section 71 of Republic Act No.
6657, the bases of the CA in declaring the petitioner to have violated Republic
Act No. 3844 remained.
The respondents, citing MOJ Opinion No. 092, Series of 1978, have
asserted that the petitioner still could not foreclose because of Section
80 of Republic Act No. 3844.
MOJ Opinion No. 092 was issued on July 5, 1978 by then
Minister of Justice Vicente Abad Santos to respond to the request for a legal
opinion from the Minister of Agrarian Reform regarding landholdings
covered by Presidential Decree No. 27 that "have been previously
mortgaged to banking institutions," specifically on the following
issues, to wit:
ETHIDa
This conclusion finds support in the provision of Section 80 of R.A. No. 3844 (Code
of Agrarian Reform, as amended by P.D. No. 251), which provides insofar as pertinent:
"SEC. 80. Modes of Payment. — The Bank shall finance the acquisition of farm lots
under any of the following modes of settlement:
"In the event there is existing lien or encumbrance on the land in favor of any
Government lending institution at the time of acquisition by the Bank, the landowner shall
be paid the net value of the land (i.e., the value of the land determined under Presidential
Decree No. 27 minus the outstanding balance/s of the obligation/s secured by the lien/s of
encumbrance/s, and the outstanding balance/s of the obligations to the lending
institution/s shall be paid by the Land Bank in Land Bank bonds or other securities; existing
charters of those institutions to the contrary notwithstanding. A similar settlement may be
negotiated by the Land Bank in the case of obligations secured by liens or encumbrances in
favor of private parties or institutions.
The Land Bank is thus charged with the obligation to settle, or negotiate the
settlement of, the obligations secure by the mortgage, lien or encumbrance whether the
lender is a government or a private lending institution. This assumes that the might of the
mortgagor to enforce his lien through foreclosure proceedings against the property no
longer subsists. I may add that with respect to cases where the mortgage might by now (but
after October 21, 1972) have already been foreclosed, the titles of the purchaser at the
auction sale having actually been perfected after the redemption period had expired, the
foreclosure might have to be set aside through judicial proceedings.
A ruling that lands covered by P.D. No. 27 may not be the object of the foreclosure
proceedings after the promulgation of said decree on October 21, 1972, would concede that
P.D. No. 27 had the effect of impairing the obligation of the duly executed mortgage
contracts affecting said lands. There is no question, however, that the land reform program
of the government as accelerated under P.D. No. 27 and mandated by the Constitution itself
(Act XIV, Sec. 12), was undertaken in the exercise of the police power of the state.
It is settled in a long line of decisions of the Supreme Court that the constitutional
guaranty of non-impairment of obligations of contract is limited by the exercise of the
police power of the state.
[Pangasinan Transp. v. P.S.C., 70 Phil. 221 (1940); Phil. American Life Ins. Co. v. The Auditor
General, 22 SCRA, 135 (1968); De Ramos v. Court of Agrarian Relations, I-19555, May 29,
1964; Stone v. Mississippi, 101 U.S. 814]
One limitation on the contract clause arises from the police power, the reason being that
public welfare is superior to private rights.
The situation here, is like that in eminent domain proceedings, where the state expropriates
private property for public use, and the only condition to be complied with is the payment
of just compensation. Technically the condemnation proceedings do not impair the contract
on destroy its obligations, but merely appropriate of take it for public use. As the Land Bank
is obliged to setter the obligations secured by the mortgage, the mortgagee is not left
without compensation.
The first query is therefore answered in the negative.
Regarding query No. 2, I do not see how foreclosure proceedings can be instituted
against the "right of the landowner to receive payment from the Land Bank". As the
mortgage had ceased to exist upon the transfer of title to the tenant by virtue of the
promulgation of P.D. No. 27 on October 21, 1972, there can be no mortgage to foreclose
and therefore no subject for the foreclosure proceedings. Whatever equitable interest the
mortgagee has in the land owners' right to receive payment is protected under Section 80,
above-quoted, directing the Land Bank to settle existing liens and encumbrances affecting
the property.