Andres Vs Manufacturers Hanover

G.R. No.
82670 September 15, 1989
DOMETILA M. ANDRES, doing business under the name and style "IRENE'S WEARING
APPAREL," petitioner,
vs.
MANUFACTURERS HANOVER & TRUST CORPORATION and COURT OF
APPEALS, respondents.
CORTES, J.:
For Art 2154 to apply the following requisites must concur: "(1) that he who paid was not under
obligation to do so; and, (2) that payment was made by reason of an essential mistake of fact
FACTS:
One of petitioner’s foreign buyer was FACETS whereby from time to time remitted certain amounts of
money to petitioner in payment for the items it had purchased. FACETS instructed the First National
State Bank of New Jersey, Newark, New Jersey, U.S.A. (hereinafter referred to as FNSB) to transfer
$10,000.00 to petitioner via Philippine National Bank, Sta. Cruz Branch, Manila (hereinafter referred
to as PNB). FNSB then instructed respondent Mantrust to effect the said transfer. However, the
payment was not effected immediately because the payee designated in the telex was only Wearing
apparel instead of Irene’s Wearing Apparel. Upon query by PNB, correction was made and petitioner
received the remittance on August 28, 1980. On September 8, 1980, unaware that petitioner had
already received the remittance, FACETS informed private respondent about the delay and at the
same time amended its instruction by asking it to effect the payment through the Philippine
Commercial and Industrial Bank (hereinafter referred to as PCIB) instead of PNB.
Private respondent debited the account of FNSB for the second $10,000.00 remittance effected
through PCIB. However, when FNSB discovered that private respondent had made a duplication of
the remittance, it asked for a recredit of its account in the amount of $10,000.00. Private respondent
asked petitioner for the return of the second remittance but the latter refused to do so.
RTC: ruled in favour to the petitioner and argued that Art. 2154 of the New Civil Code is not
applicable to the case because the second remittance was made not by mistake but by negligence
and petitioner was not unjustly enriched by virtue thereof
CA: reversed the decision of the RTC and held that Art. 2154 is applicable
ISSUE: WON the private respondent has the right to recover the second $10,000.00 remittance it
had delivered to petitioner under art 2154
HELD: YES
For Art 2154 to apply the following requisites must concur: "(1) that he who paid was not under
obligation to do so; and, (2) that payment was made by reason of an essential mistake of fact
It is undisputed that private respondent delivered the second $10,000.00 remittance. However,
petitioner contends that the doctrine of solutio indebiti, does not apply because its requisites are
absent.
Petitioners alleged that even after the two $10,000.00 remittances are credited to petitioner's
receivables from FACETS, the latter allegedly still had a balance of $49,324.00. Hence, it is argued
that the last $10,000.00 remittance being in payment of a pre-existing debt, petitioner was not
thereby unjustly enriched. The contract of petitioner, as regards the sale of garments and other
textile products, was with FACETS. It was the latter and not private respondent which was indebted
to petitioner. On the other hand, the contract for the transmittal of dollars from the United States to
petitioner was entered into by private respondent with FNSB. Petitioner, although named as the
payee was not privy to the contract of remittance of dollars. Neither was private respondent a party
to the contract of sale between petitioner and FACETS. There being no contractual relation between
them, petitioner has no right to apply the second $10,000.00 remittance delivered by mistake by
private respondent to the outstanding account of FACETS.
Petitioner next contends that the payment by respondent bank of the second $10,000.00 remittance
was not made by mistake but was the result of negligence of its employees. Such claim of petitioner
is anchored on the appreciation of the attendant facts which petitioner would have this Court review.
The Court holds that the finding by the Court of Appeals that the second $10,000.00 remittance was
made by mistake, being based on substantial evidence, is final and conclusive.
Petitioner invokes the equitable principle that when one of two innocent persons must suffer by the
wrongful act of a third person, the loss must be borne by the one whose negligence was the
proximate cause of the loss. The rule is that principles of equity cannot be applied if there is a
provision of law specifically applicable to a case.

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G.R. No.

82670 September 15, 1989

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