Professional Documents
Culture Documents
9. CA [on FCP Credits appea]: Affirmed the dismissal of the complaint with the following
modifications:
a. The order directing FCP Credit Corporation to return to defendant-appellee Jose S.
Orosa the subject 1983 Ford Laser Sedan, with Motor and Serial No. SUNKBT-14584, its
equivalent, in kind or value in cash, as of 25 March 1988, and to pay the costs is
DELETED; and;
b. FCP Credit Corporation is ordered to pay defendant-appellee Jose S. Orosa the amount
equivalent to the value of the fourteen (14) monthly installments made by the latter to the
former on the subject motor vehicle, with interest from the time of filing of the complaint or
from 6 December 1984.
ISSUE: WON the trial court made a mistake in ordering private respondent to return the subject car or its
equivalent considering that petitioner had not yet fully paid the purchase price [in short, in the alternative]
HELD: YES! The CA was correct in modifying and deleting that portion of the decision. Petition DENIED.
CA ruling AFFIRMED.
RATIO:
1. We also agree with the Court of Appeals that the trial court erred when it ordered private
respondent to return the subject car or its equivalent considering that petitioner had not yet fully
paid the purchase price. Verily, to sustain the trial court's decision would amount to unjust
enrichment. The Court of Appeals was correct when it instead ordered private respondent
to return, not the car itself, but only the amount equivalent to the fourteen installments
actually paid with interest. [In short, the court cannot order the payment of the balance and the
return of the car itself at the same time. The judgment should be in the alternative.]
2. Please note Section 9 of Rule 60 [although this was not expressed in the case]:
Sec. 9. Judgment.
After trial of the issues, the court shall determine who has the right of possession to and the value of
the property and shall render judgment in the alternative for the delivery thereof to the party entitled to
the same, or for its value in case delivery cannot be made, and also for such damages as either party
may prove, with costs.