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are the object of the contract. Rescission is possible only when the
person demanding rescission can return whatever he may be
obliged to restore. A court of equity will not rescind a contract unless
there is restitution, that is, the parties are restored to the status quo
ante.
Same; Unjust Enrichment; The principle that no person may
unjustly enrich himself at the expense of another is embodied in
Article 22 of the Civil Code.—The principle that no person may
unjustly enrich himself at the expense of another is embodied in
Article 22 of the Civil Code. This principle applies not only to
substantive rights but also to procedural remedies. One condition for
invoking this principle is that the aggrieved party has no other
action based on contract, quasi-contract, crime, quasidelict or any
other provision of law. Courts can extend this condition to the
hiatus in the Rules of Court where the aggrieved party, during the
pendency of the case, has no other recourse based on the provisional
remedies of the Rules of Court.
CARPIO, J.:
The Case
1
This is a petition for review on certiorari of the Decision
dated 12 May 1998 of the Court of Appeals in CA-G.R. SP
No. 46224. The Court of Appeals dismissed the petition for
certiorari assailing the Orders dated 6 March 1997, 3 July
1997 and 3 October 1997 2
of the Regional Trial Court of
Parañaque, Branch 260 (“trial court”) in Civil Case No. 95-
032.
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The Facts
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breathe
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life and force to substantive law such as Article
1385 of the Civil Code since the provisional remedies
under the Rules of Court do not apply to this case.
The Court of Appeals held the assailed orders merely
directed Reyes to deposit the P10 million to the custody of
the trial court to protect the interest of Lim who paid the
amount to Reyes as down payment. This did not mean the
money would be returned automatically to Lim.
The Issues
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In the case at bar, a careful analysis of the records will show that
petitioner admitted among others in its complaint in Interpleader
that it is still obligated to pay certain amounts to private
respondent; that it claims no interest in such amounts due and is
willing to pay whoever is declared entitled to said amounts. x x x
Under the circumstances, there appears to be no plausible
reason for petitioner’s objections to the deposit of the amounts in
litigation after having asked for the assistance of the lower court by
filing a complaint for interpleader where the deposit of aforesaid
amounts is not only required by the nature of the action but is a
contractual obligation of the petitioner under the Land
Development Program (Rollo, p. 252).
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35 See Spouses Velarde v. Court of Appeals, 413 Phil. 360; 361 SCRA
56 (2001). See also Binalbagan Tech., Inc. v. Court of Appeals, G.R. No.
100594, 10 March 1993, 219 SCRA 777.
36 See Spouses Co v. Court of Appeals, 371 Phil. 445; 312 SCRA 528
(1999).
37 49 Phil. 944 (1927).
38 Article 22 of the Civil Code provides: “Every person who through an
act of performance by another, or any other means, acquires or comes
into possession of something at the expense of the latter without just or
legal ground, shall return the same to him.”
39 1 TOLENTINO, supra note 22, at 77, 82.
40 See Bonzon v. Standard Oil Co. and Osorio, 27 Phil. 141 (1914),
where the Court held: “In this jurisdiction (even in the absence of the
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Judgment affirmed.
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statute), under the general principle that one person may not enrich
himself at the expense of another, a judgment creditor would not be
permitted to retain the purchase price of land sold as the property of the
judgment debtor after it has been made to appear that the judgment
debtor had no title to the land and that the purchaser had failed to secure
title thereto, and we find no difficulty therefore in accepting a liberal
construction of the statute which arrives at the same equitable result.”
41 66 Am. Jur. 2nd Restitution and Implied Contracts § 3 (1973).
42 See Ong Yong v. Tiu, G.R. No. 144476, 1 February 2002, 375 SCRA
614.
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