[ G.R. No. 44427. March 31, 1938 ] 65 Phil. 459
[ G.R. No. 44427. March 31, 1938 ]
OSCAR E. GUERRERO, PLAINTIFF AND APPELLEE, VS. ISIDORO DE SANTOS, DEFENDANT AND APPELLANT. D E C I S I O N
AVANCEÑA, C.J.:
In two cases for the collection of mortgage debts instituted against Dr. Isidoro de Santos by El Hogar Filipino and John Gordon, respectively, the parties, with the concurrence of the Bank of the Philippine Islands, another judgment creditor of Dr. De Santos, agreed to have judgments rendered but not executed, for the amounts claimed; and, in the meantime, to have Gordon, as receiver, take charge and possession of all the properties subject of the execution, and apply the rents thereof to the payment of the mortgage debts, after first deducting the receiver’s compensation, expenses of administration, taxes, fire insurance policies and a monthly allowance of P1,000 to Dr. Isidoro de Santos for his support.
Judgment, which has become final, was rendered in the present case against Isidoro de Santos for the payment of the sum of P2,156.26 to the plaintiff Oscar Guerrero. The defendant having failed to pay the amount adjudged, on motion of the plaintiff and in accordance with section 482 of the Code of Civil Procedure, the court ordered John Gordon, on March 28, 1935, to deliver to the sheriff of Manila or to the clerk of court, until the judgment for P2,156.26 is satisfied, the amounts that he had or might have in his possession coming from the allowance of P1,000 assigned monthly to Dr. Isidoro de Santos, as per agreement between him and his creditors. This is the order from which Dr. Isidoro de Santos now appeals.
The trial court entered the appealed resolution on the ground that the sum of P1,000 assigned to Dr. Isidoro de Santos every month is not an allowance for support and, even if it were, it is not exempt from execution.
We are of the opinion that the appealed resolution should be affirmed.
Although it appears from the agreement between Dr. Isidoro de Santos and his creditors that this monthly allowance of P1,000 is for his support, in reality, it is not. Said allowance being part of the rents derived from the properties of Dr. Isidoro de Santos, it belongs to him and he receives it, not as given by his creditors, but as coming from his own properly. In reality, the agreement from which this allowance originated means nothing more than that the creditors have consented to set aside a portion of the rents of the properties of Dr. Isidoro de Santos before they are applied to pay his obligations. On the other hand, this so-called allowance is not justified since it does not appear that Dr. De Santos needs it for his support notwithstanding he is a practicing physician and has a clinic in Manila.
At any rate, even if it were an allowance for support, it is not exempt from execution, according to section 452 of the Code of Civil Procedure, since it is not included among the properties enumerated in this section. The appellant invokes article 151 of the Civil Code, which provides that the right to support cannot be set off against any indebtedness of the recipient in favor of the person required to furnish such support. Bat the prohibition contained in this article does not preclude the execution of the allowance, as it is not included among the properties exempted by law. (Decisions of the Supreme Court of Spain dated July 7, 1902 and February 27, 1903.) Act No. 3862, which exempts from execution all moneys, benefits, privileges or annuities accruing or in any manner growing out of any life insurance, is neither applicable to the allowance in question as it does not originate from life insurance. The condition requiring that an allowance, in order to be exempted, must come from life insurance, excludes all other allowances coming from other sources.
The appealed judgment is affirmed with costs against the appellant. So ordered.
Abad Santos, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.