Petitioner
The International Corporate Bank
Respondent
The Intermediate Appellate Court
Citation
G.R. No. 69560
Court
Supreme Court
Division
Second Division
Ponente
Paras, J.
Decided
June 30, 1988

Summary

International Corporate Bank sought to set off a borrower's money market investment proceeds (P1,062,063.83) against an alleged loan deficiency (P6.81 million) arising from foreclosed mortgage properties. The Supreme Court affirmed lower courts' rejection of the set-off, ruling that legal compensation under the Civil Code requires both debts to be liquidated and demandable. Since the bank's deficiency claim remained disputed due to a pending case challenging the foreclosure sale's validity, compensation could not occur by operation of law. The Court emphasized that compensation cannot extend to unliquidated, disputed claims arising from breach of contract, and applied liberal construction of procedural rules to achieve substantial justice.

Statutes applied

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By the Intellegal Editorial Board · June 30, 1988

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