Jesus M. Montemayor v. Vicente · G.R. 168251

Petitioner: Jesus M. Montemayor
Respondent: Vicente D. Millora
Citation: G.R. No. 168251
Court: Supreme Court
Division: First Division
Ponente: Del Castillo, J.
Decided: July 27, 2011

Summary

This case arose from a P400,000 loan obtained by lawyer Vicente Millora from Dr. Jesus Montemayor in 1990. When Vicente defaulted after partial payments, Jesus sued for debt collection in 1993. Vicente counterclaimed for attorney's fees for previous legal services rendered. The RTC ordered Vicente to pay P300,000 plus 12% interest but awarded him equivalent attorney's fees, directing complete set-off. The decision became final when Jesus failed to appeal. Jesus later sought to prevent execution, arguing the attorney's fees amount was unclear. The Supreme Court affirmed that both obligations were liquidated and ascertainable through simple arithmetic, making legal compensation proper under Civil Code Articles 1278-1279. The Court emphasized that final judgments are immutable and must be executed according to their clear tenor, which provided for complete set-off leaving nothing to execute for either party.

Statutes applied

Civil Code, Art. 1278

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By the Intellegal Editorial Board · July 27, 2011

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