Mercader v. DBP
Mercader v. DBP
Mercader v. DBP
DBP
1. when evidence is introduced on an issue not alleged in the pleadings and no
GR 130699 | May 12, 2000 | Amended and Supplemental Pleadings | Reina objection was interjected
Petitioner: SPOUSES BERNARDO MERCADER and FLORINA M. MERCADER, and DR. JUAN Y. 2. when evidence is offered again, on an issue not alleged in the pleadings but this
MADERAZO time an objection was interpolated.
Respondent: DEVELOPMENT BANK OF THE PHILIPPINES (CEBU BRANCH), GELACIO,
FELIPE, OSMUNDO all surnamed MANREAL, and RUFINA MANREAL VDA. DE ABALO Application to the case:
We are concerned with the second scenario. In Co Tiamco v. Diaz, the Court held that "when
Recit-Ready: evidence is offered on a matter not alleged in the pleadings, the court may admit it even
In compliance with the condition of DBP for the approval of a loan, Maderazo executed a against the objection of the adverse party, where the latter fails to satisfy the court that the
lease contract for a right of way over the adjoining Lot No. 2985 for 20 years with the admission of the evidence would prejudice him in maintaining his defense upon the merits,
Manreals, then the registered owners of Lot No. 2985. Later, the spouses Mercader also and the court may grant him a continuance to enable him to meet the new situation created
executed a lease contract with the Manreals for 20 years and 4 months over the remaining by the evidence. Of course, the court, before allowing the evidence, as a matter of formality,
portion of Lot No. 2985 and intensively cultivated the same. Said lease contracts, however, should allow an amendment of the pleading. And, furthermore, where the failure to order an
were not annotated on the TCT of Lot No. 2985. amendment does not appear to have caused surprise or prejudice to the objecting party, it
may be allowed as a harmless error. Well-known is the rule that departures from procedure
The Mercaders subsequently learned that the same lot, including the improvements they may be forgiven where they do not appear to have impaired the substantial rights of the
have introduced thereon, was offered by the Manreals as collateral for a loan to DBP. parties.
Mercader filed an action to protect their interest on the property, but meanwhile, Lot No.
2985 was sold on public auction with DBP as the highest bidder.
FACTS:
1. Juan Maderazo applied for a loan at the DBP secured by interior lots of the
At the pre-trial stage of the case, the RTC acknowledged the possibility of a compromise
agreement, and the parties had agreed on a lease-purchase option. Later, however,
Talisay-Minglanilla estate.
disagreements ensued and the case was set for hearing. Mercader filed a supplemental 2. The DPB required Maderazo to construct a 5-meter wide road right of way over
pleading insisting the consummation of the lease-purchase option with the payment of the the adjoining Lot No. 2985 (lot).
earnest money. The RTC ruled in favor of the Mercaders, but the CA reversed the same, 3. The DBP approved Maderazo’s loan application upon his submission of a copy of
disregarding as material the lease-purchase option on the ground that it was not raised in the lease contract for a right of way over the adjoining lot.
the pleadings. Thus, the appellate court ordered the Mercaders to immediately turn over the 4. The lease contract for the right of way was for a 20-year period which Maderazo
possession of Lot No. 2985 to DBP. executed with the spouses Gelacio and Vicenta Manreal, then the registered
owners of the lot.
Lack of reference to the lease-purchase option in the initiatory pleadings can be explained 5. Maderazo expended P10k for the construction of the 5-meter right of way
by the fact that the trial court only took cognizance thereof when it became an integral 6. This lease contract was however not registered for Gelacio Manreal’s failure, "for
component on the pre-trial proceedings. Further, the DBP was not in any way prejudiced by one reason or another," to deliver the TCT of the lot to Maderazo
the incorporation of the lease-purchase option as one of the controverted issues; in fact, it 7. About 9 years later, Maderazo's children, the spouses Florina
had been afforded ample opportunity to refute the evidence germane thereto.
Maderazo-Mercader and Bernardo Mercader executed a contract of lease with
the Manreals for a period of 20 years and 4 months over the remaining portion of
Hence, the Court granted the prayer of petitioners to refer the matter back to the CA for a
the lot.
determination of the question of whether the lease-purchase option was already
8. Despite repeated requests for the delivery of the TCT for the purpose of
consummated and for a complete ascertainment of the rights and obligations of the parties.
annotating the lease contract, the Manreals, "for one reason or another," failed to
Doctrine: do so. However, the Manreals assured the Mercaders "not to worry since nothing
Assuming arguendo that the Mercaders failed to file the supplemental pleading, evidence will go wrong"
relative to the lease-purchase option may be legitimately admitted by the trial court in 9. Believing in the Manreals’ assurances, Bernardo Mercader intensively cultivated
conformity with Sec. 5, Rule 10 of the Rules of Court. This provision envisions two scenarios: the lot, "planted in good faith 600 calamansi fruit trees, fenced the lot with barbed
wires, constructed canals and drainage, spent wages for several farm workers The SC agrees with the Mercaders and finds that the CA erred in disregarding as
and introduced several improvements including a vegetable garden” material the lease-purchase option on the ground that it was not raised in the
10. The Mercaders subsequently discovered that the reason why the Manreals failed pleadings. If the CA adverts to the lack of reference to the lease-purchase option in
to deliver the TCT was because they offered said lot including the improvements the initiatory pleadings, this can be simply explained by the fact that the RTC only
introduced by the former thereon as "collateral" for a P150k deep-sea fishing loan took cognizance thereof when it became an integral component of the pre-trial
with the DBP proceedings. That is why the lease-purchase option was included firstly, in the
11. Since the Manreals defaulted in the payment of their obligation to the DBP, and pre-trial order as one of the issues to be resolved at trial and secondly, in the
that the latter had taken steps to foreclose the lot including all the improvements supplemental pleading subsequently filed by the Mercaders.
thereon, the Mercaders prayed among others, for the DBP to "respect their
interests by excluding these from the foreclosure proceedings, or if the As a supplemental pleading, it served to aver supervening facts which were then not
foreclosure takes place, declare the same null and void or in the alternative, order ripe for judicial relief when the original pleading was filed. As such, it was meant to
the DBP to reimburse them the cost of the improvements and loss of expected supply deficiencies in aid of the original pleading, and not to dispense with the
income amounting to P210,000 for the duration of the unexpired term of their latter. Hence, it was patently erroneous for the CA to pronounce that the
respective contracts." lease-purchase option was not raised in the pleadings. The DBP was even quite aware
12. In their answer, the Manreals only admitted the existence of the 2 unregistered and knowledgeable of the supplemental pleading because it filed an opposition
contracts of lease and the calamansi trees planted on the lot. They denied any thereto.
knowledge or information sufficient to form a belief on the other allegations of
the MERCADERs. They also justified their inability to present to the MERCADERs The records however reveal that the RTC did not promptly rule on the motion to admit
the TCT over the lot on the fact that at the time the latter were soliciting the title’s the supplemental pleading. And during trial, the RTC also failed to rule on the prompt
delivery, it was still in the hands of the lawyer who was preparing the Settlement objection interposed by the DBP’s counsel to the Mercaders’ introduction of evidence
and Partition of the Estate left by the deceased Vicenta Manreal. relative to said lease-purchase option.
13. During the pre-trial stage, the trial court acknowledged the possibility of a
compromise agreement, gave time to the parties to study their proposals and The purpose of the pre-trial is to obviate the element of surprise, hence, the parties
counter- proposals and ordered the documents pertinent thereto deemed parts are expected to disclose at the pre-trial conference all issues of law and fact which
of the record of the case. they intend to raise at the trial, except such as may involve privileged or impeaching
14. The Mercaders filed a Supplemental Pleading insisting the consummation of the matter.
lease-purchase option with the payment of the earnest money. The DBP filed its
Opposition to the Supplemental Pleading. In the case at bar, the pre-trial order included as integral to the complete adjudication
15. Trial proceeded with the parties presenting evidence tending to establish their of the case the issue of whether the Mercaders can demand specific performance
respective allegations. from the DBP relative to the lease-purchase option. Thus, the element of surprise that
16. The RTC order DBP and its successors-in-interest to respect and preserve the the provision on pre-trial attempts to preclude was satisfied. The surprise factor was
contracts of lease between the Manreals and the Mercaders. further eliminated, as already earlier mentioned and merely to reiterate here, with the
17. On appeal, the CA found that the trial court erred in treating the lease- purchase DBP's:
option as a controversial issue considering that it was "outside the parties' (1) motion to oppose the supplemental pleading
pleadings." (2) objection to the introduction of evidence connected thereto
(3) later information from the trial court of its definitive ruling admitting the
ISSUE: supplemental pleading
Whether or not the CA erred in disregarding as material the lease-purchase option on (4) own introduction of evidence related thereto
the ground that it was not raised in the pleadings. (YES) (5) intensive participation in the direct and cross- examination of witnesses
whose testimonies included said topic.
RATIO:
THE LEASE-PURCHASE OPTION SHOULD NOT BE DISREGARDED
In any case, the filing and consequent admission of the supplemental pleading by the consummated with the end view of ascertaining the rights and obligations of the
trial court validated the issues embraced in the pre-trial order. parties.
Assuming arguendo that the Mercaders failed to file the supplemental pleading,
evidence relative to the lease-purchase option may be legitimately admitted by the
trial court in conformity with Section 5, Rule 10 of the Rules of Court. This provision
envisions two scenarios:
1. when evidence is introduced on an issue not alleged in the pleadings and no
objection was interjected
2. when evidence is offered again, on an issue not alleged in the pleadings but
this time an objection was interpolated.
The SC is only concerned with the second scenario. In Co Tiamco v. Diaz, the Court
held that "when evidence is offered on a matter not alleged in the pleadings, the court
may admit it even against the objection of the adverse party, where the latter fails to
satisfy the court that the admission of the evidence would prejudice him in
maintaining his defense upon the merits, and the court may grant him a continuance
to enable him to meet the new situation created by the evidence. Of course, the court,
before allowing the evidence, as a matter of formality, should allow an amendment of
the pleading. And, furthermore, where the failure to order an amendment does not
appear to have caused surprise or prejudice to the objecting party, it may be allowed
as a harmless error. Well- known is the rule that departures from procedure may be
forgiven where they do not appear to have impaired the substantial rights of the
parties."
As already enunciated, the DBP was not and would not be prejudiced by the
incorporation of the lease-purchase option as one of the controverted issues.
Moreover, it had been afforded ample opportunity to refute and object to the evidence
germane thereto, thus, the rudiments of fair play had been properly observed.
Since the SC agrees with the Mercaders’ contention that the CA contravened Sec. 4,
Rule 20 and Sec. 5, Rule 10 of the Rules of Court in promulgating the questioned
decision, we have to grant their prayer to refer the matter back to said court for a
determination of the question of whether the lease-purchase option was already
consummated and for a complete ascertainment of the rights and obligations of the
parties.
DISPOSITION OF THE COURT
WHEREFORE, IN VIEW OF ALL THE FOREGOING, the instant petition is GRANTED DUE
COURSE and the resolutions of the CA are hereby SET ASIDE. The case is REFERRED
BACK to the CA for a determination of whether the lease-purchase option was