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Quijano Vs Development Bank of The Philippines

The appellants applied for a loan from the Development Bank of the Philippines that was approved in April 1953. The loan was to be released in installments subject to conditions. The first installment was released in April 1954, with subsequent releases. When a balance of around PHP 14,000 remained unpaid, the appellants offered to pay with a back pay certificate pursuant to Republic Act 897. However, the bank refused this tender of payment because the loan was not incurred before June 20, 1953, when RA 897 was approved. The issue was whether the obligation was subsisting when RA 897 was approved. The Supreme Court affirmed the trial court's decision, holding that as the loan was contracted after June 18, 1948, it did not fall

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856 views

Quijano Vs Development Bank of The Philippines

The appellants applied for a loan from the Development Bank of the Philippines that was approved in April 1953. The loan was to be released in installments subject to conditions. The first installment was released in April 1954, with subsequent releases. When a balance of around PHP 14,000 remained unpaid, the appellants offered to pay with a back pay certificate pursuant to Republic Act 897. However, the bank refused this tender of payment because the loan was not incurred before June 20, 1953, when RA 897 was approved. The issue was whether the obligation was subsisting when RA 897 was approved. The Supreme Court affirmed the trial court's decision, holding that as the loan was contracted after June 18, 1948, it did not fall

Uploaded by

Dong Sharingan
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Quijano vs. Development Bank of the Phil.

FACTS: Appellants' applied for an urban real estate loan which was approved by appellee bank on April 80, 1953. they executed the mortgage contract on March 23, 1954, and that the release of the amount of the said loan of P19,500.00 was to be made in instalments subject to certain conditions. That the loan obtained from DBP is to be received in several releases and to be paid later in instalments, under the terms and conditions specified in the loan agreement. That the first release of P4,200 was made on April 29, 1954, and the other releases were made subsequent thereafter, then the balance of the loan were all availed of and received by him later than June, 1953. Rodriguez paid the instalments as they fell due. When a balance of about P14,000.00 remained unpaid, quijano offered to pay for the said outstanding balance with his back pay certificate pursuant to Republic Act. No. 897, The Amendatory Act of June 20, 1953. The Bank refused to accept the said tender of payment in certificate on the ground that the loan was not incurred before on June 20, 1953. ISSUE: Whether or not the obligation of the petitioners was subsisting at the time of the approval of Republic Act No. 897, the Amendatory Act of Julie 20, 1953 to Republic Act 304. Whether or not there is a room for interpretation or construction. HELD: Thus even before the amendment of the Back Pay Law, when said law limited the applicability of back pay certificates to "obligations subsisting at the time of the approval of this Act," this Court has ruled that obligations contracted after its enactment on June 18, 1948 cannot come within its purview. WHEREFORE, the judgment of the trial court is affirmed. No costs. Stat. Con.: Clear and unambiguous provisions of law offer no room for interpretation or construction. The Supreme Court has steadfastly adhered to the doctrine that its first and fundamental duty is the application of the law according to its express terms, interpretation being called for only when such literal application is impossible. No process of interpretation or construction need be resorted to where a provision of law peremptorily calls for application. Where a requirement or condition is made in explicit and unambiguous terms, no discretion is left to the judiciary.

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