Domingo v Garlitos
GR No L-18994, June 29, 1963
FACTS:
In the 1960 case of Domingo v Moscoso, the Supreme Court declared as final and executory the order for the payment by the estate of the late Walter Scott Price of estate and inheritance taxes, charges and penalties, amounting to P40,058.55 issued by the Court of First Instance – Leyte. The fiscal then presented a petition for the execution of the judgment before the Court of First Instance – Leyte.
The petition was denied as the execution is not justifiable as the government is indebted to the estate under administration in the amount of P 262,200. Hence, the present petition for certiorari and mandamus.
ISSUE:
Is execution proper?
RULING:
No. The tax and the debt are compensated. The court having jurisdiction of the estate had found that the claim of the estate against the government has been recognized and an amount of P262,200 has already been appropriated by a corresponding law (RA 2700). Under the circumstances, both the claim of the Government for the inheritance taxes and the claim of the intestate for services rendered have already become overdue and demandable as well as fully liquidated.
Compensation, therefore, takes place by operation of law, in accordance with Article 1279 and 1290 of the Civil Code, and both debts are extinguished to their concurrent amounts. If the obligation to pay taxes and the taxpayer’s claim against the government are both overdue, demandable, as well as fully liquidated, compensation takes place by operation of law and both obligations are extinguished to their concurrent amounts.
GR No L-18994, June 29, 1963
FACTS:
In the 1960 case of Domingo v Moscoso, the Supreme Court declared as final and executory the order for the payment by the estate of the late Walter Scott Price of estate and inheritance taxes, charges and penalties, amounting to P40,058.55 issued by the Court of First Instance – Leyte. The fiscal then presented a petition for the execution of the judgment before the Court of First Instance – Leyte.
The petition was denied as the execution is not justifiable as the government is indebted to the estate under administration in the amount of P 262,200. Hence, the present petition for certiorari and mandamus.
ISSUE:
Is execution proper?
RULING:
No. The tax and the debt are compensated. The court having jurisdiction of the estate had found that the claim of the estate against the government has been recognized and an amount of P262,200 has already been appropriated by a corresponding law (RA 2700). Under the circumstances, both the claim of the Government for the inheritance taxes and the claim of the intestate for services rendered have already become overdue and demandable as well as fully liquidated.
Compensation, therefore, takes place by operation of law, in accordance with Article 1279 and 1290 of the Civil Code, and both debts are extinguished to their concurrent amounts. If the obligation to pay taxes and the taxpayer’s claim against the government are both overdue, demandable, as well as fully liquidated, compensation takes place by operation of law and both obligations are extinguished to their concurrent amounts.
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