6 Pasricha v Don Luis Dison Realty, Inc.

authority, before whom the tender of payment shall be proved in a proper case, and the
G.R. No. 136409, March 14, 2008 announcement of the consignation in other cases.
By: Kate
Topic: Interpleader Moreover, Section 1, Rule 62 of the Rules of Court provides: Whenever conflicting claims
Petitioners: SUBHASH C. PASRICHA and JOSEPHINE A. PASRICHA upon the same subject matter are or may be made against a person who claims no interest
Respondents: DON LUIS DISON REALTY, INC whatever in the subject matter, or an interest which in whole or in part is not disputed by the
Ponente: J. Nachura claimants, he may bring an action against the conflicting claimants to compel them to
interplead and litigate their several claims among themselves.

DOCTRINE: An action for interpleader is proper when the lessee does not know to whom Otherwise stated, an action for interpleader is proper when the lessee does not know to
payment of rentals should be made due to conflicting claims on the property (or on the right whom payment of rentals should be made due to conflicting claims on the property (or on
to collect). the right to collect). The remedy is afforded not to protect a person against double liability
but to protect him against double vexation in respect of one liability.
FACTS: Notably, instead of availing of the above remedies, petitioners opted to refrain from making
payments, which cannot be justified.
- Don Luis Dison Realty, Inc. (Respondent) and Pasricha Spouses (Petitioners) executed two
Contracts of Lease whereby the former, as lessor, agreed to lease to the latter 9 units in San Lastly, Article 1673 of the Civil Code gives the lessor the right to judicially eject the lessees in
case of non-payment of the monthly rentals. A contract of lease is a consensual, bilateral,
Luis Building in Kalaw Street, Ermita, Manila.
onerous and commutative contract by which the owner temporarily grants the use of his
- Pasricha, in turn, agreed to pay monthly rentals.
property to another, who undertakes to pay the rent therefor. For failure to pay the rent,
- While the contracts were in effect, Pasricha dealt with Francis Pacheco, then General petitioners have no right to remain in the leased premises.
Manager of Don Luis Dison Realty.
- Thereafter, Pacheco was replaced by Roswinda Bautista.
- Pasricha religiously paid the monthly rentals until May 1992. After that, however, despite DISPOSITIVE PORTION
repeated demands, Pasricha continuously refused to pay the stipulated rent.
- Consequently, Don Luis Dison Realty, Inc. filed a complaint for ejectment through its
WHEREFORE, premises considered, the petition is DENIED and the Status Quo Order dated
representative, Ms. Bautista, before the Metropolitan Trial Court.
January 18, 1999 is hereby LIFTED. The Decision of the Court of Appeals dated May 26, 1998
- Petitioners admitted their failure to pay the stipulated rent for the leased premises, but
and its Resolution dated December 10, 1998 in CA-G.R. SP No. 37739 are AFFIRMED.
claimed that such refusal was justified because of the internal squabble in Don Luis Dison
Realty as to the person authorized to receive payment.
METC: Dismissed the complaint for ejectment
RTC: Reversed METC decision
CA: in favor of Don Luis Dison Realty

ISSUE: Whether or not the filing of an action for interpleader could have been a proper
remedy for the lessee (Pasricha)

RULING:
Yes. Non-payment of rentals because of not knowing to whom payment should be made did
not justify Pasricha’s failure to pay, because if such were the case, they were not without any
remedy. They should have availed of the provisions of the Civil Code of the Philippines on the
consignation of payment and of the Rules of Court on Interpleader.

Article 1256 of the Civil Code provides: If the creditor to whom tender of payment has been
made refuses without just cause to accept it, the debtor shall be released from responsibility
by the consignation of the thing or sum due.

Consignation shall be made by depositing the things due at the disposal of a judicial